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DEMAREST v. TOWN OF UNDERHILL

No. 12-403.

87 A.3d 439 (2013)

2013 VT 72

David DEMAREST and Jeffrey Moulton v. TOWN OF UNDERHILL.

Supreme Court of Vermont.

Motion for Reargument Denied October 31, 2013.

Attorney(s) appearing for the Case

Christopher D. Roy of Downs Rachlin Martin PLLC, Burlington, for Plaintiffs-Appellants.

John W. O'Donnell of Bergeron, Paradis & Fitzpatrick LLP, Burlington, for Defendant-Appellee.

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

ROBINSON, J.

¶ 1. Petitioners appeal from the trial court's 2012 order upholding the Town of Underhill's decision to reclassify a segment of Town Highway 26 (TH 26) from a Class 3 and Class 4 highway to a legal trail. Petitioners argue that: the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. §§ 740-743 rather than reviewing the reclassification decision on the record pursuant...

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