Villeneuve v. Powers

609 A.2d 994, 158 Vt. 330, 1992 Vt. LEXIS 58
Supreme Court of Vermont·Decided April 10, 1992·No. No. 91-389·Published·Cited by 1 cases

Opinion

Gibson, J.

Plaintiffs brought an action seeking damages for defendants’ failure to remove a beaver dam on their adjoining property in Underhill. The trial court dismissed the action. We reverse and remand.

Plaintiffs’ property is located upstream from defendants’ property. A stream running through both properties had been blocked by a beaver dam located on defendants’ property, and plaintiffs claimed that the dam caused the stream level to rise and flood, causing damage to their property. Plaintiffs requested that defendants remove the dam or allow plaintiffs to do so, but the requests were refused. Plaintiffs thereafter brought the present action, based on theories of negligence, [331]*331nuisance, trespass, and interference with riparian rights. Defendants argued at trial that they were not required to remove the dam under any legal theory, and denied that any damages had occurred. Defendants also argued that plaintiffs were required by 10 V.S.A. App. § 43(e)

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Villeneuve v. Powers, 609 A.2d 994, 158 Vt. 330, 1992 Vt. LEXIS 58 (Vt. 1992).

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