Town of Newfane v. Walker

Defendant landowners appeal from a superior court order permanently enjoining them from interfering with the public’s use of the so-called Williamsville dam and swimming hole area and declaring that plaintiff Town owns the property in fee. We affirm in part and reverse in part.

This is one in a series of cases, and the second to be decided by this Court, involving the public’s right of access to and use of *224the Williamsville swimming hole. In Druke v. Town of Newfane, 137 Vt. 571, 409 A.2d 994 (1979), the Drukes sought to limit public access across their land to the swimming hole. We upheld the…