Rawley v. Heymann
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In Vermont, a dispute arose among the owners of seven lots connected by a private road named Purple Mountain Road over how to allocate maintenance costs for the road. The plaintiffs, who own five of the seven lots, argued that each lot owner should contribute based on the percentage of distance traveled from the public highway along the private road to reach their respective lot. The defendants, who own the remaining two lots, argued that all parcel owners should divide costs equally. The Superior Court, Windham Unit, Civil Division, granted summary judgment to the defendants. The plaintiffs appealed the decision.
The Vermont Supreme Court affirmed the lower court's decision. The court ruled that in the absence of an express agreement governing the maintenance of a private road, all parties deriving common benefit from the road must contribute "rateably," or in a manner that is reasonable and equitable given the benefits each owner receives, to the cost of maintaining the road, as per 19 V.S.A. § 2702. The court reasoned that all the parties have the right to use the entire private road at any time and share equally in the benefits offered by the road, such as enhanced private and commercial access to their properties and the privacy provided by the cul-de-sac. Therefore, all parties must pay an equal fee for the maintenance of the road.
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