Perrin v. Town of Berlin

The defendant town conducted proceedings to reduce a public highway to the status of a trail under the authority of 19 V.S.A. §§ 342a & 535. The plaintiffs in turn instituted an action under the authority of 19 V.S.A. § 421 seeking damages. The lower court found that there had been no showing of a legal basis for the award of damages and denied recovery. The matter is now here on appeal from that *307judgment affirming the commissioners’ report supporting the reduction to trail status of Town Highway #55 and denying compensation. Only the issue of damages is before us.

We find this case entirely…