Wayne Doncaster & Elizabeth Doncaster v. John A. Hane, Pam Hane & Town of Irasburg, 229 A.3d 1026

Plaintiffs Wayne and Elizabeth Doncaster and defendants John and Pam Hane own adjoining parcels in Irasburg; the dispute concerns the "Howe Segment," a road laid out as a town highway in 1866 that crosses the Hanes’ land and continues onto the Doncasters’ land.
The Doncasters historically used the Howe Segment (including for periodic logging); in 2015 the Hanes locked a gate across the road, blocking access, after the Doncasters resumed logging.
The Doncasters sued the Hanes and the Town of Irasburg for declaratory relief and damages, arguing the Howe Segment remains a class 4 town highway and was not discontinued by Act 178.
Act 178 (the ancient-roads statute) discontinues by operation of law only those "unidentified corridors" not reclassified by July 1, 2015; an unidentified corridor is an unmapped laid-out highway that is not clearly observable by physical evidence of use as of July 1, 2010.
The trial court found, based on photographs, testimony, aerial images, and a site visit, that the Howe Segment showed clearly observable physical evidence of use (tire tracks, culvert, stone wall) at least through 2010 and therefore was not an unidentified corridor; it ordered the road recognized as a class 4 highway and the removal of obstructions.
Defendants appealed contending Act 178 discontinued all unmapped highways after July 1, 2015 or, alternatively, that the Howe Segment was an unidentified corridor; the Supreme Court affirmed.

Issue	Plaintiff's Argument (Doncasters)	Defendant's Argument (Hanes/Town)	Held
Scope of Act 178: whether all unmapped town highways were discontinued after July 1, 2015	Act 178 targets only "unidentified corridors"; it does not automatically discontinue every unmapped highway	Act 178 discontinued all town highways not on the town highway map by July 1, 2015	Court: Act 178 discontinues only "unidentified corridors" not all unmapped highways; plain language controls
Operative date and who may assess physical evidence under Act 178	Operative date for determining visible use is July 1, 2010; courts may assess evidence after 2015	Argued operative date was July 1, 2015 and only towns could assess corridors during the 2010–2015 window	Court: operative date is July 1, 2010; defendants’ claim that only towns could later evaluate was not preserved; court may review evidence post-2015
Whether the Howe Segment was an "unidentified corridor" (i.e., lacked clearly observable physical evidence of use)	Photographs, aerial images, culvert, stone wall, and multiple witness accounts show visible tire tracks and vehicle passability in 2010	Road was maintained by adjoining owners, not the Town, and lacked public maintenance/use so it is an unidentified corridor	Court: factual findings (tire tracks, culvert, wall, witness testimony, aerial photos) support that the road was clearly observable in 2010; not an unidentified corridor and remains a class 4 town highway

First Quality Carpets, Inc. v. Kirschbaum, 54 A.3d 465 (Vt. 2012) (standard of review for statutory interpretation)
Town of Bethel v. Wellford, 987 A.2d 956 (Vt. 2009) (legislative purpose for Act 178 to resolve uncertainty over ancient roads)
Capital Candy Co. v. Savard, 369 A.2d 1363 (Vt. 1976) (abandonment alone does not discontinue a town highway)
Lague, Inc. v. Royea, 568 A.2d 357 (Vt. 1989) (nonuse alone does not extinguish easement rights)
Kirkland v. Kolodziej, 128 A.3d 407 (Vt. 2015) (distinguishes proof needed to show a way became a town highway by dedication/acceptance)
Huntington v. McCarty, 807 A.2d 950 (Vt. 2002) (court will not insert unexpressed conditions into a statute)