Rice v. Martin

This case is before us for the second time. See Rice v. Martin, 136 Vt. 124, 385 A.2d 1090 (1978). The trial court again granted injunctive relief against interference with plaintiff’s use of her right-of-way, and this appeal resulted.

Defendant claims error because of the inordinate delay between hearing and disposition. The delay is, indeed, inexcusable. But, as in Anderson-Friberg Co. v. S. G. Phillips Corp., 137 Vt. 565, 566, 409 A.2d 560, 561 (1979), the prejudice requisite for reversal on this ground does not appear.

He also challenges a lack of finding that the plaintiff’s possession was…