Cabot v. Thomas

This is an appeal by defendants from a superior court order permanently enjoining them from “hunting, shooting, trapping, or entering upon” plaintiffs’ marshlands beyond the normal low water line of Charcoal Creek. We modify the order and affirm it as modified.

The material facts in this case are undisputed. Plaintiffs and their immediate predecessors in title have owned a tract of marshland of approximately 360 acres near West Swanton, Vermont since 1933. Charcoal Creek borders the western portion of their marsh. The creek, so-called, is actually an inlet from Lake Champlain. At its source,…