Drinkwine v. State

The plaintiffs brought a bill of complaint to Addison County Court on April 26, 1971, seeking injunctive relief against the defendant, State of Vermont, to restrain the operation of the pumps and drilled wells located on its property in Salisbury, Vermont, used as a fish hatchery.

Previously, on April 1, 1970, the plaintiffs brought a bill of complaint for the issuance of an injunction against the defendants based upon the same claim set forth in the instant case. The trial court dismissed that complaint for failure to state a cause of action. The sole issue there was, as here, whether the…