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DRUKE v. TOWN OF NEWFANE

No. 299-78.

409 A.2d 994 (1979)

Joseph L. DRUKE and Dorothy K. Druke v. TOWN OF NEWFANE et al.

Supreme Court of Vermont.

November 5, 1979.

Attorney(s) appearing for the Case

Robert D. Rachlin and Debra A. Martin of Downs, Rachlin & Martin, South Burlington, for plaintiffs.

Kristensen, Cummings, Rosi & Murtha and Crispe & Crispe, Brattleboro, for defendants.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

The plaintiffs own land in the town of Newfane that is adjacent to a popular swimming hole, known as the Williamsville swimming hole. Since 1971, the plaintiffs have objected to the indiscriminate use by the general public of an access route across their land to the swimming hole. In 1973, they instituted this civil action against the defendant-appellees to declare invalid the public right of way claimed by...

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