A Vermont court has ruled on a dispute concerning a right of way (ROW) between JSN, LLC and the Harwood Unified Union School District. The court's decision, which was filed on September 22, 2026, addresses JSN's claims that Harwood obstructed its access to property through a stormwater pond. This ruling is significant for property rights and access issues in Vermont.

The case, JSN, LLC v. Harwood Unified Union School District, was filed under docket number 25-CV-05697. JSN, LLC claims that it has a legal right to a pathway across Harwood's property, which is critical for accessing its own land. The court's ruling could have implications for how easements and rights of way are interpreted in future cases.

The dispute began when JSN alleged that Harwood constructed a stormwater pond that blocks the ROW established in earlier property deeds. JSN argues that this obstruction prevents it from developing its property as intended. The case reached the Vermont Superior Court after JSN filed a motion for partial summary judgment on May 21, 2026, seeking a court order to remove the obstruction.

The parties involved are JSN, LLC, a property owner, and the Harwood Unified Union School District, which oversees the property in question. The court noted that Harwood did not file an opposition to JSN's motion, which led the court to consider JSN's version of the facts as undisputed.

The court found that the right of way was established in a 1996 deed from the State of Vermont to the Town of Duxbury, which included a reservation for a 50-foot wide ROW. This ROW was later transferred to the Harwood Unified Union School District through subsequent deeds. The court noted that the right of way was intended for vehicular and pedestrian traffic and should remain accessible.

The court ruled that JSN has the right to develop and use the ROW, while Harwood, as the servient owner, has no right to obstruct that use. The court stated, "JSN, the dominant owner, has the right to develop and use the ROW; Harwood, the servient owner, has no right to obstruct that use." This ruling affirms the principle that property owners have the right to access their land through established easements.

However, the court did not fully grant JSN's request for an injunction to remove the stormwater pond. It acknowledged that while JSN is entitled to some form of injunctive relief, the specific nature of that relief remains to be determined. The court expressed concern that ordering the complete removal of the pond could impose a harsh outcome on Harwood, given the circumstances.

The ruling indicates that the court is open to considering alternative solutions that would allow JSN to access its property without necessarily requiring the removal of the stormwater pond. The court stated, "the trial court is not necessarily confined to requiring the removal of the encroaching structure irrespective of the extent or impact of the encroachment." This suggests that the court may seek a compromise that balances the interests of both parties.

The impact of this ruling extends beyond the immediate parties involved. It sets a precedent for how courts may handle disputes regarding easements and property access in Vermont. Property owners may find reassurance in the court's affirmation of their rights to established pathways, while also recognizing that courts may consider the broader implications of their rulings on neighboring properties.

Moving forward, the court has scheduled a status conference to determine the next steps in the case. This could involve further discussions on how to resolve the obstruction issue while considering the rights of both JSN and Harwood. The possibility of an appeal remains open, but details about any potential appeal were not available in the court filing.

In summary, the Vermont Superior Court's ruling in JSN, LLC v. Harwood Unified Union School District highlights the complexities of property rights and easements. While JSN has secured a partial victory in affirming its right to access its property, the court's cautious approach to the injunction reflects the need for careful consideration of the impacts on all parties involved.