Legal Opinion

State v. Central Vermont Railway, Inc.

Supreme Court of Vermont

Decided December 22, 1989No. 87-607PublishedCited by 15 opinions

1Opinion of the CourtPeck, J.

At issue in this case is title to a 1.1 mile strip of filled lands lying along the City of Burlington’s waterfront. In response to recent efforts by Central Vermont Railway (CVR) to sell this property to a real estate developer, the City and the State challenged CVR’s title in the Chittenden Superior Court, invoking the public trust doctrine. The court concluded that CVR has fee simple title to the parcel at issue but held that the land must always be used for a public purpose. CVR appeals, and the State and the City cross-appeal. We modify the trial court’s order and, as modified, affirm.

In…

2Cases cited27 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Martin v. Lessee of WaddellSupreme Court of the United States · 1842
  4. National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
  5. Borough of Neptune City v. Borough of Avon-By-The-SeaSupreme Court of New Jersey · 1972

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3Cited by15 opinions

  1. In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
  2. Parker v. Town of MiltonSupreme Court of Vermont · 1998
  3. Arizona Center for Law in the Public Interest v. HassellCourt of Appeals of Arizona · 1992
  4. Chittenden v. Waterbury Center Community Church, Inc.Supreme Court of Vermont · 1998
  5. Natland Corp. v. Baker's Port, Inc., Texas Court of Appeals, 13th District1993

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