Attorneys R. Jeffrey Behm and Justin A. Brown recently won a victory in the Vermont Supreme Court for Vermont Gas Systems, Inc. in a case of first impression. At issue was whether the prior public use doctrine prohibited condemnation of a pipeline easement through a public park located in Hinesburg, Vermont. The Court decided that the prior public use doctrine does not apply to prohibit condemnation of a second public use (here, the pipeline) in property already devoted to a public use when that second use does not materially interfere with the existing public use (here, the use of the public park).
To read the decision, click here.
