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SCHONBEK v. CHASE

No. 09-292.

14 A.3d 948 (2010)

2010 VT 91

Andrew SCHONBEK, Trustee of the Isaiah 61 Foundation v. David CHASE and Brianne Chase.

Supreme Court of Vermont.

Motion for Reargument Denied November 9, 2010.

Attorney(s) appearing for the Case

Steven J. Kantor of Doremus, Roesler and Kantor, Burlington, for Plaintiff-Appellee.

Gary L. Franklin of Primmer Piper Eggleston & Cramer PC, Burlington, for Defendants-Appellants.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

REIBER, C.J.

¶ 1. Defendants David and Brianne Chase appeal from a Chittenden Superior Court decision holding that: (1) plaintiff Andrew Schonbek, trustee of the Isaiah 61 Foundation, possessed a twelve-foot-wide prescriptive easement for vehicular and pedestrian ingress and egress across defendants' property; (2) defendants must immediately remove a fence from their property to allow plaintiff to make use of the easement; and (3) defendants must pay plaintiff...

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