Cabot v. Thomas
Vermont Supreme Court
514 A.2d 1034, 147 Vt. 207 (1986)
- Written by Deanna Curl, JD
Facts
Cabot (plaintiff) owned approximately 360 acres of marshland that bordered an inlet creek from Lake Champlain. Signs were posted at the undisputed boundary of Cabot’s marsh, the low-water line at 93.055 feet above sea level, indicating that hunting, shooting, and trapping were not allowed. In October 1979, when the water was above the low-water line, Thomas and other duck hunters (defendant) entered the marsh on a boat. An officer stopped and cited the hunters for criminal trespass and poaching after the hunters indicated that they would continue hunting there. Cabot later sought and obtained an injunction that enjoined the hunters from entering Cabot’s land, by boat or otherwise, beyond the marked signs and from hunting, shooting, and trapping on Cabot’s land. The hunters appealed the injunction, arguing that it violated their rights under the Vermont Constitution.
Rule of Law
Issue
Holding and Reasoning (Allen, C.J.)
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