Holly Bartlett v. John Roberts and LaLauni Rawls, 231 A.3d 171

Background

Holly Bartlett owns a 124.5-acre parcel in Westford containing Plains Road frontage; defendants own an adjoining 42-acre parcel (purchased 2017) that does not abut Plains Road and access it via an un-named gravel/dirt track (referred to as Plains Road Extension) that crosses Bartlett’s land.
The town laid out and recorded a route at this location in 1800, but Plains Road Extension did not appear on Westford’s town highway map as of July 1, 2010 (and was not added by July 1, 2015).
The physical track corresponding to the 1800 description exists across Bartlett’s land to about midway onto defendants’ parcel; historical testimony (Krosky) described vehicular and recreational use in the 1960s–70s and intermittent logging/repair through 2012.
The town’s Ancient Roads Committee inspected the corridor in 2009 and noted evidence of a route but did not recommend retaining it; the town never formally discontinued the 1800-laid highway under statutory procedure.
Bartlett sued after defendants sought a zoning permit to spread gravel, asserting the route was discontinued under Act 178 (the ancient-roads statute) and defendants had no right to use it; the trial court granted summary judgment for defendants, concluding the corridor was not an “unidentified corridor” because there was clearly observable physical evidence of use as a highway and therefore the road remained a town highway.

Issues

Issue	Bartlett's Argument	Defendants' Argument	Held
Whether Plains Road Extension was an “unidentified corridor” under Act 178 (19 V.S.A. § 302(a)(6)(A))	The road is an unidentified corridor discontinued by operation of Act 178 because it was not on the 2010 map and, plaintiff says, lacked physical evidence of public use as a highway or trail.	Although not on the 2010 map, the corridor showed clearly observable physical evidence of use as a highway/trail, so it is not an unidentified corridor and was not discontinued.	Held: Not an unidentified corridor — there was clearly observable physical evidence of use as a highway to mid-defendants’ parcel, so Act 178’s discontinuance-by-omission did not apply.
Whether “use as a highway or trail” requires evidence of use by the general public	Bartlett: the phrase requires evidence of public (non‑private) use; adjoining-owner-only use is insufficient.	Defendants: identity of users is irrelevant; an abutting landowner’s use can constitute use as a highway because highways are public rights-of-way.	Held: No public-use requirement — physical evidence of use as a right-of-way (even if primarily by adjoining owners) disqualifies a route from being an unidentified corridor.
Whether actual town construction of a road is necessary to show it was "used as a highway or trail"	Bartlett: no evidence town ever constructed the highway at the laid-out location, so it could not have been used as a highway.	Defendants: statute and case law treat a properly laid-out route as a highway regardless of construction; use as a right-of-way suffices.	Held: Actual municipal construction is not required; a lawfully laid-out highway may exist and be used as a highway even if unmaintained or resembling a logging track.
Whether the trial court erred by disregarding the Ancient Roads Committee’s decision and failing to seek town input	Bartlett: the court should have deferred to the Committee/Selectboard omission; the town was not named as a party.	Defendants: plaintiff chose not to name the town; the court may decide whether the corridor met Act 178 criteria and here found it did not.	Held: No error — plaintiff did not name the town and the court correctly determined Act 178 did not apply because the corridor was not an unidentified corridor.

Key Cases Cited

Capital Candy Co. v. Savard, 135 Vt. 14, 369 A.2d 1363 (abandonment/nonuse alone does not discontinue a laid-out town highway)
Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 762 A.2d 1219 (abutting landowner has same right as public to use a public road)
Benson v. Hodgdon, 187 Vt. 607, 992 A.2d 1053 (public highway cannot be acquired or extinguished by adverse possession)
Town of Bethel v. Wellford, 186 Vt. 612, 987 A.2d 956 (context for Act 178: legislative response to ancient road title uncertainty)
Town of Calais v. County Road Commissioners, 173 Vt. 620, 795 A.2d 1267 (town discretion on maintenance of class 4 highways/legal trails)
Tillson v. Lane, 200 Vt. 534, 133 A.3d 832 (standard of review for summary judgment)