Villeneuve v. Town of Essex

Plaintiff, one of three landowners who petitioned defendant Town of Essex to repair the last one-half mile of a town highway adjoining their land, appeals the superior court’s dismissal of the property owners’ complaint alleging that the Town had failed to respond to them petition as required under 19 VS.A. § 971. We reverse the dismissal and remand the matter for further proceedings.

On October 18,1996, upon receiving the petition for repair of the highway, the Town’s Director of Public Works investigated the condition of the road and concluded that it was not in need of repair, except for…