Ondovchik Family Ltd. Partnership v. Agency of Transportation

¶ 1. Landowner Ondovchik Family Limited Partnership appeals from the trial court’s dismissal of its lawsuit against defendant Vermont Agency of Transportation. Landowner owns a building in Shelburne. As a result of defendant’s recent expansion of Route 7, landowner’s building is less than eight feet from that highway. This lawsuit stems from alleged damage to that building from snow throw and water runoff from defendant’s snowplowing of the highway. In its amended complaint, landowner presented two claims: (1) trespass, based on the theory that defendant (through snow throw and water runoff)…