Supreme Court says logging didn’t violate Albany deed

 

by Joseph Gresser

MONTPELIER — The Vermont Supreme Court reversed a ruling that returned a 40-acre parcel of land near Hartwell Pond to the family who donated it to the town of Albany over 60 years ago.

Judge Mary Teachout, sitting in the Civil Division of Orleans County Superior Court, ruled the town violated the terms under which the land was handed over to the town, when it clear-cut a portion to create a recreation area.  Judge Teachout ruled the donation specified the property was to be used exclusively for a 4-H camp for the benefit of young people.  Logging the land triggered a provision in the deed that said the property could be claimed by the donors or their heirs if it was not used as intended.

The justices disagreed….

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