Gilmour v. State

This is an appeal by the plaintiffs from an order of the Caledonia Superior Court dismissing the complaint for damages against the defendant, State of Vermont, and giving summary judgment for the defendant, Town of Barnet.

In 1973 the State instituted condemnation proceedings against certain lands and rights necessary for construction of a portion of Interstate 91 in the Town of Barnet. 19 V.S.A. ch. 5. As part of that action, a strip of land running across Town Highway 59 in the Town of Barnet owned by the Town and 4.15 acres of plaintiffs’ land was condemned. Plaintiffs owned two contiguous…