Town of South Hero v. Wood

¶ 1. This case turns on the ever-changing location of East Shore Road, a town road that runs along Knee Deep Bay in South Hero, Vermont. Over time, Lake Champlain has eroded the shoreline, and plaintiff Town of South Hero has responded by moving the road further inland onto defendants’ land. In 2000, the Town sought a declaratory judgment as to the existence, location, and width of the road, and defendants — the four landowners on whose properties the Town claims the right-of-way for the road is located — counterclaimed for damages and injunctive relief. The trial court held that a…