White Current v. State, Agency of Transp.

The plaintiff-appellant, White Current Corporation, filed a complaint in the Windsor Superior Court against the defendant-appellee, State of Vermont, Agency of Transportation, seeking restitution of a flowage easement allegedly taken by the defendant without a proper highway condemnation proceeding. In its answer, the defendant asserted the affirmative defenses of estoppel and the statute of limitations. Simultaneously, the defendant moved to dismiss the complaint for failure to state a cause of action, pursuant to V.R.C.P. 12(b) (6), on the ground of estoppel. The trial court dismissed the…