Town’s attorney Paul Gillies filed a petition within the last two weeks that essentially sues all of the heirs to the property in probate court in an effort to gain an easement to the path.
The case began nearly three years ago after Carter posted a section of a footpath that connects Brooks Field to Warren Village and crosses her property.
Carter engaged an attorney after Gillies issued an opinion that the path is considered a public right of way, referencing language in the deed that allows access to the land where the Warren School is located, calling it a road or highway.
The town’s request for unobstructed access to the path was dismissed at Vermont Superior Court last month, in part due to lack of an estate to sue.
Carter is one of five siblings who hold legal title to the property following the death of her mother Veda Carter in 1983. No estate was opened following her death; Carter currently lives in the home and pays the expenses associated with the property.
After the town mistakenly sued Carter individually, the court ordered that the town apply to the probate court and open an estate making Carter the administrator so the town could so choose to sue the estate.
The town never pursued the estate in Superior Court and after a period of 60 days, the judge found that instead of opening an estate, the whole case should be heard in probate court, referencing Vermont state statute VSA 1801.
All Carter heirs have 30 days to respond to the petition filed by the town
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