Everyone deserves the rights of Free Speech, Equal Treatment Under the Law, and basic property rights without a fear of retaliation or being unreasonably censored and misrepresented by their own town government.
Landowners in Vermont also deserve to be warned of a complicated process Underhill town officials have pioneered against David Demarest based upon their own personal interests and a malicious disregard for his civil rights may now be used against anyone in Vermont abutting a town road or "Legal Trail" based purely upon town officials' discretion.
Trails are very unique because "People don’t leave sidewalks, or get out of their cars, to trespass. There is a mutual pact of behavior, without which there would be frequent confrontations and major disruption of daily life. This is not true for trails."
As Wil Wilkins' case demonstrates, similar dramatic alterations to private landowners' rights to reasonable use and enjoyment of homes and private property are not limited to Vermont and New York.
The initial pleadings in the Road-To-Trail Takings case Demarest v. Town of Underhill et. al. filed in Vermont District Court filed on June 21, 2021 involving "Takings" claims were dismissed in a large part to Municipal Defendants' strategic narratives combined with Demarest's pro se errors.
The remaining First Amendment and Equal Treatment allegations (such as Paragraph 81 of 2nd Amended Complaint providing examples of disparate treatment of Plaintiff’s TH-26 frontage and private accessibility over a public corridor compared to others that were similarly situated) are currently before the US Court of Appeals for the Second Circuit.
Please take the time to learn the issues in appeal docket number 24-147: Demarest's Opening Brief and Appendix,
Municipal Defendants' Response Brief, and Demarest's Reply Brief, and if possible watch the Second Circuit Court's live-stream of oral arguments on January 6, 2025.
David Demarest's tractor pictured collecting illegally dumped tires for proper disposal is a 'drop in the bucket' relative to all the problems (and tax payer expense) caused by ongoing misconduct by a clique of town officials and the ongoing issues at a "Crane Brook Area" trailhead, public use detouring outside of the duly laid out original TH-26 right of way, and Town of Underhill Officials' May 9, 2023 additional multi-year plan elaborated upon by Town Officials Anton Kelsey, Karen McKnight, and Daphne Tanis 18:51 into the below recording:
It is time for our government to embrace:
Please help work towards restoration of our Constitutional rights to the best of your ability; any Underhill Vermont resident that has had their free speech censored by town officials is encouraged to inquire about a complementary webpage to express facts and opinions on matters of local public concern...
Please note 16:16 into the 2010 New Road (TH-26) "Reclassification" hearing video, and 2:15 into the July 25, 2024 selectboard meeting to better understand the timespan of Defendant conduct to make up your own mind if there was ever a valid rational basis to relentlessly use broad governmental discretion for personal gain and with the retaliatory intention of finding "any way" to "rescind" promises made to David Demarest prior to his purchasing land and building his home on New Road (TH-26).
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