Notes of Decisions
Steven Daiello v. Town of Vernon v. Dale A. Merritt & Brenda Merritt, 2022 VT 32, 282 A.3d 894.
· cites it 7× “They argued that the common-law right recognized in Okemo has been limited in subsequent cases and as codified in 19 V.S.A. § 717(c). ¶ 27. In an order granting neighbors’ motion in part, the court emphasized that it found that landowner had a private right of access over…”
McAdams v. Town of Barnard, 182 Vt. 259 (2007).
· cites it 3× “That section now provides for a "presumption of discontinuance" when a road has not been maintained by the municipality for thirty years.”
McAdams v. Town of Barnard, 2007 VT 61, 936 A.2d 1310.
· cites it 3× “This presumption is rebuttable by evidence of the municipality’s intent to continue the road as a public right-of-way.”
Benson v. Hodgdon, 2010 VT 11, 992 A.2d 1053.
· cites it 2× “See 19 V.S.A. § 717(b) (creating presumption of discontinuance if municipality has not kept highway passable for period of “30 or more consecutive years following a final determination to discontinue the highway” (emphasis added)).”
Town of Granville & Green Crow Corp. v. Joseph Loprete, 2017 VT 101, 178 A.3d 1013.
· cites it 5× “The Town asserted that it did not need to show that a certificate of opening was recorded, citing 19 V.S.A. § 717(a) ("The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.”
David Demarest v. Town of Underhill, 2021 VT 14, 256 A.3d 554.
“Legally, plaintiff relies on the common-law private right of access recognized in Okemo Mountain, and the statutory right of access codified at 19 V.S.A. § 717(c). Critical to these claims is his assertion that topographical features and wetlands on his property prevent…”
Austin v. Town of Middlesex, 2009 VT 102, 987 A.2d 307.
“§ 25, 19 V.S.A. § 717(a) (“The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public”).”
Town of Granville v. LoPrete, No. 134 (Vt. Super. Ct. Oct. 13, 2016).
“19 V.S.A. § 717(a). That statute expressly provides, “The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.”
Gerlach v. Town of Chittenden, No. 23-cv-499 (Vt. Super. Ct. May 29, 2025).
“Analysis Plaintiffs seeks a judgment declaring that the disputed trail was properly discontinued by court order in 1846 or “pursuant to the presumption of discontinuance contained in 19 V.S.A. § 717.” (Pls.’ Mot. for Summ. J.”
Vt. Stat. Ann. tit. 19, § 717(a): 3 cases
Town of Granville & Green Crow Corp. v. Joseph Loprete, 2017 VT 101, 178 A.3d 1013.
“The Town asserted that it did not need to show that a certificate of opening was recorded, citing 19 V.S.A. § 717(a) ("The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.”
Austin v. Town of Middlesex, 2009 VT 102, 987 A.2d 307.
“§ 25, 19 V.S.A. § 717(a) (“The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public”).”
Town of Granville v. LoPrete, No. 134 (Vt. Super. Ct. Oct. 13, 2016).
“19 V.S.A. § 717(a). That statute expressly provides, “The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.”
Vt. Stat. Ann. tit. 19, § 717(b): 3 cases
Benson v. Hodgdon, 2010 VT 11, 992 A.2d 1053.
“See 19 V.S.A. § 717(b) (creating presumption of discontinuance if municipality has not kept highway passable for period of “30 or more consecutive years following a final determination to discontinue the highway” (emphasis added)).”
McAdams v. Town of Barnard, 182 Vt. 259 (2007).
“That section now provides for a "presumption of discontinuance" when a road has not been maintained by the municipality for thirty years.”
McAdams v. Town of Barnard, 2007 VT 61, 936 A.2d 1310.
“This presumption is rebuttable by evidence of the municipality’s intent to continue the road as a public right-of-way.”
Vt. Stat. Ann. tit. 19, § 717(c): 4 cases
Steven Daiello v. Town of Vernon v. Dale A. Merritt & Brenda Merritt, 2022 VT 32, 282 A.3d 894.
“They argued that the common-law right recognized in Okemo has been limited in subsequent cases and as codified in 19 V.S.A. § 717(c). ¶ 27. In an order granting neighbors’ motion in part, the court emphasized that it found that landowner had a private right of access over…”
McAdams v. Town of Barnard, 182 Vt. 259 (2007).
“That section now provides for a "presumption of discontinuance" when a road has not been maintained by the municipality for thirty years.”
McAdams v. Town of Barnard, 2007 VT 61, 936 A.2d 1310.
“This presumption is rebuttable by evidence of the municipality’s intent to continue the road as a public right-of-way.”
David Demarest v. Town of Underhill, 2021 VT 14, 256 A.3d 554.
“Legally, plaintiff relies on the common-law private right of access recognized in Okemo Mountain, and the statutory right of access codified at 19 V.S.A. § 717(c). Critical to these claims is his assertion that topographical features and wetlands on his property prevent…”
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