Fyles v. Schmidt

The plaintiffs-appellants filed a complaint in the nature of a mandamus pursuant to V.R.C.P. 75 against the chairman of the Prudential Committee of Fire District No. 2, Shelburne, Vermont, requesting that the court order the defendants to assume the ownership and maintenance of a lateral sewer line from plaintiffs’ residence to the defendants’ sewer main. The trial court after a hearing denied the relief requested. Plaintiffs appeal.

In 1950 Fire District No. 2 was chartered and subsequently a sewer main was installed along the east side of U.S. Route 7. It extended as far as, what was then,…