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CHITTENDEN v. WATERBURY CTR. COMM. CHURCH

No. 97-235.

726 A.2d 20 (1998)

Eric CHITTENDEN, et al. v. WATERBURY CENTER COMMUNITY CHURCH, INC., et al.

Supreme Court of Vermont.

December 11, 1998.

Attorney(s) appearing for the Case

Matthew C. Colburn, Law Office of Richard A. Unger, Montpelier, for Plaintiffs-Appellants.

Gene Ann Condon and Albert G. Besser (Of Counsel), Stowe, for Defendants-Appellees.

Thomas E. McCormick and Thomas P. Simon of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, and Von G. Keetch and Randy Austin of Kirton & McConkie, Salt Lake City, Utah, for Amici Curiae Church of Jesus Christ of Latter-Day Saints, et al.

Present DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and KATZ, Superior Judge, Specially Assigned.

DOOLEY, J.

This case concerns a driveway that separates the Cold Hollow Cider Mill in Waterbury Center, one of the state's busiest tourist attractions, from a neighboring church. Plaintiffs and counterclaim defendants Eric and Francine Chittenden are the owners of the cider mill business and the real property it occupies. They appeal from a judgment entered in the Washington Superior Court concluding that the driveway in question is the property of defendant and counterclaim...

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