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News


Vermont Supreme Court News

January 6, 2011 by MSK Attorneys

The Supreme Court issued a decision ruling that a motocross course is not a structure for purposes of local zoning permit requirements, refusing to wade into a dispute between neighbors that pitted recreational use of property against the neighbors’ desire to enjoy their property peacefully. The decision is known as In re Laberge Moto-Cross Track.

In Schonbek v. Chase, the Supreme Court issued a decision in a neighbor dispute over the right to use an alley to access the back of a building. The Court reviewed the difference between adverse possession and prescriptive easement, and ruled that an easement is limited only to the specific historical use of the alley, not general ingress and egress for all purposes.

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