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In re .88 Acres of Property

Supreme Court of Vermont
676 A.2d 778 (1996)


Facts

In 1807, Benjamin Harrington (defendant) donated a parcel of land to the Town of Shelbourne (Town) (plaintiff) on the condition that the Town build a public meeting house and use it for that purpose. In 1808, the Town built a public meeting house and used it for that purpose until it burned down in 1865. The Town built a new meeting house in 1867 until it also was destroyed by a fire in 1925. By 1927, a school was built on the parcel and a new public meeting house was built on a nearby parcel. The Town sought to quiet title in 1994. The trial court ruled that the Town owned the parcel free and clear of any restrictions because it had acquired the parcel by adverse possession. 

Rule of Law

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Issue

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Holding and Reasoning (Gibson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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