Town of Wolcott v. Behrend

Plaintiff-appellant Town of Wolcott brought this action seeking treble damages against all defendants under 13 V.S.A. § 3606 for the unlawful cutting of timber on property owned by the town. The town alleged that the wrongful cutting had taken place on two different occasions — once in 1979 and once in 1980. The Behrends were the only defendants who answered the complaint. Trial was before the court, and it found that the town owned the land as alleged and that defendants had wrongfully cut the timber. The court denied all damages to the town, however, because it failed to prove the value of…