Rice v. Martin

This case involves claimed obstruction of a right of way acquired by adverse use. The disposition below, as is usual with such cases, grants injunctive relief. However, the order fails to follow the directive of V.R.C.P. 65(d) which requires the inclusion of the details necessary to specificity without reference to any other document. Thus a remand is required in any event to correct the form of the order.

The order is also challenged as being based on findings erroneous in law and inconsistent with the evidence in the case. In fact, the findings themselves are subject to conflicting…