City of Montpelier v. Barnett, Sanborn and Natural Resources Board

¶ 1. Defendants appeal from a judgment ruling that the City of Montpelier may prohibit boating, fishing, and swimming in Berlin Pond, a public body of water located outside the City and used as the City’s drinking water supply. The City contends that the restrictions are supported by both a state health order and the powers granted to the City by the State. The trial court agreed and issued a permanent injunction preventing defendants from engaging in the listed recreational activities and from trespassing upon land surrounding the pond that is owned by the City. For the reasons set forth…