Details for State of Vermont Summons and Order of Publication to Residents of the Town of Hyde Park Docket No 90 5 19 Lecv

Updated

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.

Categories