ALBERINO v. Balch

Skoglund, J.,

¶ 15. dissenting. It is not that I doubt my colleagues’ aesthetic sensibilities, but rather their understanding of spite-fence laws, and their origin and purpose. By affirming the trial court, the majority has entered into the domain of taste and temperament, a treacherous land fraught with disagreement. The trial court based its decision largely on aesthetics, while disregarding express statutory requirements governing spite fences. Its findings do not support an application of Vermont’s unnecessary fence statute, 24 V.S.A § 3817, or a conclusion that Alberino’s fence is a…