Traders, Inc. v. Bartholomew

Plaintiff-appellant commenced a declaratory judgment action in Rutland Superior Court, seeking a determination whether a town highway located in the Town of Benson, and passing through to plaintiff’s 121 acres of landlocked property, had been properly discontinued; and, in the alternative, whether a way of necessity existed across defendants-appellees Bartholomew’s land affording plaintiff access to its 121-acre parcel. The trial court concluded that the town highway discontinuance proceedings in 1908 were in accordance with statutory requirements and thus valid. The court further found that…