Details for State of Vermont Summons and Order of Publication to Residents of the Town of Hyde Park Docket No 90 5 19 Lecv
SUPERIOR COURT LAMOILLE UNIT IN RE: STATE OF VERMONT GIHON VALLEY GRANGE HALL IN NORTH HYDE PARK (5503 Vermont Route 100) CIVIL DIVISION DOCKET NO: 90-5-19 Lecv FILED MAY 28 2019 VERMONT SUPERIOR COURT LAMOILLE UNIT SUMMONS AND ORDER OF PUBLICATION THIS SUMMONS IS DIRECTED TO: RESIDENTS OF THE TOWN OF HYDE PARK 1. YOU ARE BEING SUED. The Town of Hyde Park (the “Town”) has started a lawsuit to quiet title to certain land and premises located at 5503 Vermont Route 100, commonly known as the North Hyde Park Grange Hall, (“the Property”) and to have title to the Property vested in the Town’s name. The Warranty Deed to the last record owner, the Gihon Valley Grange Number 379, dated January 31, 1935, and recorded in Book 30, Page 92 of the Town of Hyde Park Land Records, describes the Property as follows: Being the same land and premises conveyed by Joseph and Dientha Foss to the Valley Hall Company by their warranty deed dated January 5th, 1910, and of record in Book 25, Page 55 of the Hyde Park Land Records. Also another piece of land being the same land and premises conveyed to the Valley Hall Company by L.P. Butts by his warranty deed dated March 19, 1910, and of record in Book 25, Page 56 of the Hyde Park Land Records to which deeds above named refer for a full description. Also conveying all the personal property now owned by the grantor in the building on said premises. This deed is given on the condition that the premises above named shall be used by the Grange for its own purposes or for such purposes as it may designate and if such Grange ceases to exist then such premises shall be used for the community purposes of the inhabitants of North Hyde Park as such purposes may be designated by any corporation or organization organized for such purposes after the Grange ceases to exist. And of the further condition that the action taken by the stockholders of the grantor held Dec. 1, 1934, in regard to the giving this deed be made a part of this deed. The Town’s Complaint for Declaratory Judgment to Quiet Title is on file and may be obtained at the office of the clerk of this court, Lamoille Unit, Civil Division, Vermont Superior Court, 154 Main Street, Hyde Park, VT. Do not throw this paper away. It is an official paper that affects your rights. 2. THE TOWN’S CLAIM. The Town’s claim is that the Town has legal title to the Property by operation of the conditions in the Warranty Deed to the last record owner, the Gihon Valley Grange Number 379, or by way of adverse possession for the statutory, 15-year period. As such, the Town claims it is the sole owner of the Property. 3. YOU MUST REPLY WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Town a written response called an Answer within 41 days of the date on which this Summons was first published, which is June 6, 2019. You must send a copy of your Answer to the Town’s Attorney, David W. Rugh, Esq., at: 171 Battery Street, P.O. Box 1507, Burlington, Vermont 05402-1507. You must also give or mail your Answer to: Vermont Superior Court, Civil Division, Lamoille Unit, PO Box 570, 154 Main Street, Hyde Park, Vermont 05402. 4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Town’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Town should not be given everything asked for in the Complaint, you must say so in your Answer. 5. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 41 days after the date on which this Summons was first published and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Town everything asked for in the Complaint. 6. YOU MUST MAKE ANY CLAIMS AGAINST THE TOWN IN YOUR REPLY. Your Answer must state any related legal claims you have against the Town. Your claims against the Town are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answer to protect your rights or you may lose the case. ORDER The affidavit filed in this action shows that service cannot be made with due diligence by any of the methods provided in Rules 4(d)-(f), (k) or (l) of the Vermont Rules of Civil Procedure. Accordingly, it is ORDERED that service of the summons set forth above shall be made upon residents of the Town of Hyde Park by publication as provided in Rules 4(d)(1) and 4(g) of those Rules. This Order shall be published once a week for two consecutive weeks beginning on June 6, 2019, in the News & Citizen, a newspaper of general circulation in Hyde Park, and a copy of this summons and order as published shall be posted in the Town of Hyde Park Town Office. Dated at Hyde Park, Vermont, this 24th day of May, 2019.