The town asked the court for a declaratory judgment to settle the question. From existing documentation, there is a belief that the townspeople have the right to cross these properties where the path exists, from the town highway (aka Brook Road) to the Warren Elementary School. The deeds concerning this right of way are convoluted and date back to the Civil War era, which is why the court is now involved.
Instead of deciding the question at hand, the Vermont Superior Court found no way to resolve the issue because the Veda Carter estate is the true owner of the property and, although she passed many years ago, the estate was never settled. Therefore, the Carter estate must now be established in probate court. This may be a long process.
Other facts in this case: The path runs at the edge of the Carter property causing minimal loss of use to the owners. A settlement was proposed by Carter's attorney previously, which the town accepted but Carter then withdrew. The town has voluntarily stopped using the path during these discussions.
The case being labeled “dismissed” per the article headline is technically correct; however, the matter is still being vigorously pursued and only the jurisdiction has changed. (The Carter estate must be probated first, a more efficient process then what had been established by the Superior Court.)
Warren Select Board
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