(a) A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient
repair during all seasons of the year, except that based on safety considerations
for the traveling public and municipal employees, the selectboard shall, by rule adopted
under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 2 or 3 highway, or section of highway,
should be plowed and made negotiable during the winter. A property owner aggrieved
by a decision of the selectboard may appeal to the Transportation Board pursuant to
subdivision 5(d)(9) of this title.
(b) Class 4 highways may be maintained to the extent required by the necessity of the
town, the public good and the convenience of the inhabitants of the town, or may be
reclassified using the same procedures as for laying out highways and meeting the
standards set forth in section 302 of this title.
(c) A town shall not be liable for construction, maintenance, repair, or safety of trails.
(d) For class 2 and 3 highways that have routinely not been plowed and made negotiable
prior to July 1, 2000, the process requirements of subdivision 302(a)(3)(B) of this title and subsection (a) of this section shall not be required. A property owner adversely
affected by this subsection may request the selectboard to plow and make negotiable
a class 2 or 3 town highway. However, a property owner aggrieved by a decision of
the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), §§ 29, 30, eff. May 29, 2000.)
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). · cites it 8דNor is the majority's decision supported by its examination of the history of 19 V.S.A. § 310, the statute requiring towns to keep roads in good repair during all seasons.”
Town of Calais v. Cnty. Road Commissioners, 795 A.2d 1267 (Vt. 2002). · cites it 3דThe trial court held that the Town had not fulfilled its statutory responsibility to promote the public good, necessity, and convenience under 19 V.S.A. § 310(b), which provides: Class 4 highways may be maintained to the extent required by the necessity of the town, the public…”
In Re Town High. No. 20, 2012 VT 17 (Vt. 2012). · cites it 2דHansen relied in this regard on 19 V.S.A. § 310(b), which provides that "Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures…”
Demarest v. Town of Underhill, 87 A.3d 439 (Vt. 2013). · cites it 4ד§ 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the…”
Ketchum v. Town of Dorset, 2011 VT 49 (Vt. 2011). “Furthermore, Hansen is distinguishable because the statute specifically explains that reclassification of a class 4 highway is to be done “using the same procedures as for laying out highways,” 19 V.S.A. § 310(b), and the decision relied on this language.”
David Demarest v. Town of Underhill, 2016 VT 10 (Vt. 2016). · cites it 2דSpecifically, the Town raises two arguments: (1) that the trial court erred in its interpretation of 19 V.S.A. § 310(b) by failing to recognize that § 310(b) allows for discretion in determining whether to maintain and repair Class 4 highways as long as that discretion is not…”
McMurphy v. State, 757 A.2d 1043 (Vt. 2000). “§ 931, recodified at 19 V.S.A. § 310(a) (“A town shall keep its .”
Holly Bartlett v. John Roberts & LaLauni Rawls, 2020 VT 24 (Vt. 2020). “) (holding town has discretion whether to maintain and repair class 4 highways); 19 V.S.A. § 310(b)-(c) (providing town “may” maintain class 4 roads and is not obligated to maintain legal trails).”
Smith v. Town of Derby, 742 A.2d 757 (Vt. 1999). · cites it 2ד" 19 V.S.A. § 310(b). Here, neither necessity nor public good support maintaining a bridge for the sole use of the owners of one parcel of land and their invitees.”
Hansen v. Town of Charleston, 597 A.2d 321 (Vt. 1991). “The trial court’s jurisdiction is based primarily on 19 V.S.A. § 310(b), which provides that reclassification is subject to the “same procedures as for laying out highways.”
Demarest & Moulton v. Town of Underhill, 195 Vt. 204 (Vt. 2013). · cites it 4דIn that footnote, we cited to 19 V.S.A. § 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as…”
Escheverria v. Tunbridge (Vt. Super. Ct. 2025). · cites it 7ד* * * * 19 V.S.A. § 310. Highways, bridges, and trails (a) A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the…”
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). “Nor is the majority's decision supported by its examination of the history of 19 V.S.A. § 310, the statute requiring towns to keep roads in good repair during all seasons.”
McMurphy v. State, 757 A.2d 1043 (Vt. 2000). “§ 931, recodified at 19 V.S.A. § 310(a) (“A town shall keep its .”
In Re Town High. No. 20, 2012 VT 17 (Vt. 2012). “Hansen relied in this regard on 19 V.S.A. § 310(b), which provides that "Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures…”
Town of Calais v. Cnty. Road Commissioners, 795 A.2d 1267 (Vt. 2002). “The trial court held that the Town had not fulfilled its statutory responsibility to promote the public good, necessity, and convenience under 19 V.S.A. § 310(b), which provides: Class 4 highways may be maintained to the extent required by the necessity of the town, the public…”
Demarest v. Town of Underhill, 87 A.3d 439 (Vt. 2013). “§ 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the…”
Ketchum v. Town of Dorset, 2011 VT 49 (Vt. 2011). “Furthermore, Hansen is distinguishable because the statute specifically explains that reclassification of a class 4 highway is to be done “using the same procedures as for laying out highways,” 19 V.S.A. § 310(b), and the decision relied on this language.”
David Demarest v. Town of Underhill, 2016 VT 10 (Vt. 2016). “Specifically, the Town raises two arguments: (1) that the trial court erred in its interpretation of 19 V.S.A. § 310(b) by failing to recognize that § 310(b) allows for discretion in determining whether to maintain and repair Class 4 highways as long as that discretion is not…”
— Vt. Stat. Ann. tit. 19, § 310(c) — 3 cases
Demarest v. Town of Underhill, 87 A.3d 439 (Vt. 2013). “§ 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the…”
Demarest & Moulton v. Town of Underhill, 195 Vt. 204 (Vt. 2013). “In that footnote, we cited to 19 V.S.A. § 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as…”
Escheverria v. Tunbridge (Vt. Super. Ct. 2025). “* * * * 19 V.S.A. § 310. Highways, bridges, and trails (a) A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the…”
— Vt. Stat. Ann. tit. 19, § 310(e) — 1 case
Town of Calais v. Cnty. Road Commissioners, 795 A.2d 1267 (Vt. 2002). “The trial court held that the Town had not fulfilled its statutory responsibility to promote the public good, necessity, and convenience under 19 V.S.A. § 310(b), which provides: Class 4 highways may be maintained to the extent required by the necessity of the town, the public…”
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