Preseault v. City of Burlington

¶ 1. In this litigation, plaintiffs J. Paul Preseault and Patricia Preseault seek to prevent defendant City of Burlington from adding a fiber optic line to existing utility poles and lines that run through their property along a recreation path and former railroad right-of-way. In response to a certified question accepted from the United States Court of Appeals for the Second Circuit pursuant to V.R.A.P. 14, we conclude that the provisions of 30 V.S.A. §§ 2513-2514 confer rights in the nature of a common-law easement with respect to allowing the placement of utility lines along rights-of-way…