Legal Opinion · Dissent

Carlson v. Clark

Supreme Court of Vermont

Decided February 13, 2009No. 2007-313Published

1Dissent

Dooley, J.,

¶ 21. dissenting. This is the kind of case that makes the law look trivial, caught up in technicalities, and unable to bring a just result to a dispute that has no understandable purpose. Although plaintiffs have provided the Clarks with a brand new convenient road to reach their lighthouse, the Clarks insist on the right to drive to their lighthouse through their neighbors’ back yards, reducing their privacy and access to Lake Champlain. As far as I can determine, they insist on this right for no reason other than that they have had it in the past and are at odds with their…

2Cases cited24 opinions

  1. Pike v. FreemanCourt of Appeals for the Second Circuit · 2001
  2. M.P.M. Builders, LLC v. DwyerMassachusetts Supreme Judicial Court · 2004
  3. Soderberg v. WeiselSuperior Court of Pennsylvania · 1997
  4. Lamb v. GeovjianSupreme Court of Vermont · 1996
  5. In Re Appeals of Shantee Point, Inc.Supreme Court of Vermont · 2002

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