Department of Forests, Parks and Recreation v. Town of Ludlow Zoning Board and John, Christine, Wayne and Beverly Lysobey

Summary

The Vermont Supreme Court vacated a jury verdict and superior court judgment awarding John Lysobey more than $150,000 for the alleged taking of his winter access rights. The Court held that the taking occurred no later than 1963, before Lysobey acquired the property, and that the six-year limitations period had expired. Because Lysobey lacked standing to recover compensation for a prior owner's loss and the claim was time-barred, judgment was entered for the Vermont Department of Forests, Parks and Recreation.

Holdings

1. The takings date is the date on which the government physically interferes with the property owner's access, not the date litigation begins or the date the extent of damages becomes apparent. Because the upper portion of Okemo Mountain Road had been closed to winter vehicular traffic pursuant to the State's lease since at least 1963, the taking occurred no later than 1963.
2. The right to recover damages for a condemnation taking belongs to the person who owned or held an interest in the land at the time of the taking and does not run with the land unless separately assigned. Because Lysobey acquired the property more than twenty years after the taking, he lacked standing to recover damages.
3. Vermont's six-year statute of limitations for civil actions applies when no special limitations period governs an inverse-condemnation action. Because the taking occurred no later than 1963, the limitations period expired before Lysobey purchased the property in 1986 and before he sought redress.
4. Okemo II gave Lysobey only an opportunity to seek damages and did not hold that he was entitled to damages regardless of standing or limitations defenses. The superior court therefore should have considered those defenses on remand.
5. Lysobey could not obtain relief under 42 U.S.C. § 1983 against the Department because a State or state department is not a 'person' within the meaning of the statute.

Questions Presented

1. When did the taking of the property's winter vehicular access occur for purposes of an inverse-condemnation claim?
2. Did Lysobey have standing to recover compensation for a taking that occurred before he acquired the property?
3. Was the inverse-condemnation claim barred by Vermont's six-year statute of limitations?
4. Did the prior decision in Okemo II require an award of damages or preclude the State from asserting standing and limitations defenses on remand?
5. Was Lysobey entitled to injunctive, alternative-access, or 42 U.S.C. § 1983 relief?

Disposition

vacated