Susan Alberino v. David Balch, 2008 VT 130

Summary

The Vermont Supreme Court affirmed an injunction ordering Susan Alberino to remove an eight-foot plywood fence erected along the boundary with David Balch's property. The court held that the trial court's findings and evidence supported treating the fence as an unnecessary spite fence under 24 V.S.A. § 3817 and upheld the court's reliance on a site visit. Justice Skoglund dissented, concluding that the trial court had not made findings satisfying the statute and that an ugly fence alone was insufficient to warrant removal.

Holdings

1. A trial court may conduct a site visit and use observations from that visit together with the testimony and other evidence to support its findings.
2. The evidence supported the implied finding that Alberino's fence was erected solely to annoy Balch by interfering with his view, and the superior court properly ordered its removal.
3. The superior court did not abuse its discretion in granting injunctive relief because credible evidence supported its findings and those findings provided legal grounds for ordering removal of the fence.

Questions Presented

1. Whether the superior court improperly relied on observations made during a site visit.
2. Whether the superior court had authority to order removal of the plywood fence without an express finding that its sole purpose was to annoy Balch.
3. Whether the superior court's findings and the evidence supported injunctive relief and removal of the fence under 24 V.S.A. § 3817.

Disposition

affirmed