SCOVT affirms ruling that town failed to prove “necessity” under the condemnation statute, holding that necessity is “a question of fact which is to be determined exclusively by the trial court,” and that the record supports the finding that the town did not meet its burden to prove necessity.

 

1.    Condemnation. Factual findings.

     Mongeon Bay Properties, LLC v. Town of Colchester, 2026 VT 1 [1/23/2026]