State v. Catlin
Supreme Court of Vermont
This was an indictment for a nuisance in maintaining and continuing a certain store in Burlington. The place, in which the of-fence was charged to have been committed, is a large space of ground extending from the south side of Pearl street, in Burling.-ton, to that part of the college lot, which lies west of the college buildings, and is bounded on the west side by the tavern stand, called the Green Mountain House, and a line of buildings south of it, and.on the east side…
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This was an indictment for a nuisance in maintaining and continuing a certain store in Burlington. The place, in which the of-fence was charged to have been committed, is a large space of ground extending from the south side of Pearl street, in Burling.-ton, to that part of the college lot, which lies west of the college buildings, and is bounded on the west side by the tavern stand, called the Green Mountain House, and a line of buildings south of it, and.on the east side by the brick building, opposite the dwelling house of Judge Foote, and a line of buildings south of it, and is supposed…
1Opinion of the Court
After argument, ihe opinion of the Court was delivered by
Williams, J.
The principal question which has been made in this case has been considered and decided in the case of Abbott vs. E. & T. Mills.* It has been decided, that land may be set apart for the public use by the owner or proprietor without deed; that it is not necessary that the lands so set apart should *534have been used for any particular period of time to establish the rightof the public or of individuals to have itso continued,and that the original proprietor or owner cannot recover the lands once dedicated by him. for a public…
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