LeBlanc v. Snelgrove
Annotate this CaseTwo disputes were presented for the Vermont Supreme Court's review in this opinion. One dispute stemmed from a landowner’s replacement of his boathouse and construction of retaining walls that encroached onto his neighbors’ property. This dispute included claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged trespass. The neighbors challenged the trial court’s conclusions that the landowner was entitled to build the encroaching structure by virtue of a deeded easement and that they could not prevail in a claim for trespass on account of consent or estoppel. The second dispute (flowing from and intertwined with the first dispute) involved acts of vandalism to the disputed boathouse by the occupant of the neighbors’ property. The occupant appealed the judgment against him, and the landowner cross-appealed, raising a host of issues in connection with that judgment. After review of the particular facts entered into the trial court record, the Supreme Court concluded that the trial court’s construction of the deeded easement was erroneous, and the court improperly addressed the other issues in derogation of the neighbors’ request for a jury trial. The trial court was reversed with respect to the first dispute. Finding no error with regard to the second, the Supreme Court affirmed.
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