Chapter 8

The tension in the community grew and grew as the evening of the council meeting grew near. Finally Dismore found himself in the crowded hall. A couple of other issues were taken up then the chairman announced, "We have a petition from the snowmobile club, asking the county to seize the snowmobile trails on Shadow Mountain, and to reopen them by right of eminent domain, and to make the owners of that property cease and desist from any efforts to close the trails in the future. That they be put in the charge of the snowmobile club who will maintain them. I put this measure before the council. Should we hear it?"
"Sir," one councilman put in, on the far right, "I request that we dismiss this petition out of hand without debate." "Does anyone second that request?" the chairman asked.
"I do!" the next woman announced.
"Well," the chairman remarked, "we have a motion to dismiss this petition and a second. We shall vote on it. All in favor of dismissing this petition..."
Four of the council people raised their hands. "Those in favor of hearing this petition.." the councilman asked.
He and five others raised their hands. "The majority declares we shall hear the petition," the chairman announced. "Victor Dinsmore will be speaking for the petitioners."
Victor came up to the speaking stand. "Ladies and gentlemen of the council," he began, "it is with deepest regret we must bring this petition to you. We wish there was some other way. But the new owners of the mountain will not even speak with us, will not even consider our point of view. For two years before the resort closed we worked on the snowmobile trails. For eight years after it closed we continued to work on them, enhancing the value of the property. Now these individuals without the slightest consideration, without the slightest caring because they wish to engage in another winter activity, say that they will not share the mountain with us, that we interfere with their sports. It is true that in the past some club members violated the rules, didn't stay on the trails, but we assure these people that this will now not be the case, that we will no longer enter any of the areas they tell us to stay out of. We ony ask for an opportunity to prove our good will, that we can be cooperative neighbors. But these people will not budge an inch. They don't like the noise! They don't like the speed at which our machines travel.
Ladies and gentlemen, if we are denied this trail over the mountain we must go THIRTY MILES to reach Clearwater, FORTY MILES to reach West Point, THIRTY-FIVE miles to reach Claresville where if we go over the mountain it is less than ten miles to each of these communities.
It is ridiculous for these people to expect us to go all these distances! We only ask for fairness, that is all, fair play, decency. These people will not give it to us. We ask you to give it to us, to return to us what we worked so hard to create. Thank you."
Victor sat down. "Who is speaking for the owners of the property?" the chairman asked. A man rose and came forward. "You are, sir?" the chairman asked.
"Withering Longbow," the man answered. A murmur of giggles went about the crowd. The chairman banged his gavel.
"Are you an owner of the property, sir?" the chairman asked.
"No," Longbow answered, "I am their attorney, sir, their legal representation."
"Why have none of the owners of the property appeared?"
"Because, sir," the lawyer answered, "they have nothing but contempt for the people that brought this ridiculous petition, and will not disgrace themselves by being in their presence. They also, sir, cannot understand why this county board is even hearing this petition. It should not be doing so. Let me read something to you from the Vermont statutes.
'A community may take a property by eminent domain when doing so is of a dire necessity to the public, and ONLY if it is a dire necessity of the public! Any persons taking property by eminent domain for the purpose of making personal profit shall be held accountable for such seizure, and reckoned with according to proper status.'
Ladies and gentlemen," the lawyer continued, putting the paper aside, "no dire necessity exists here. Snowmobiles are pleasure vehicles, they are not police cars, fire trucks, or ambulances, nor are they means of public transportation, which article two of the eminent domain statutes says that must be before a right of way can be seized for the passage of vehicles.
These people are engaged in a winter recreation. It is not a dire necessity, not even a route of commerce. This council has no legal standing to take this property, and I will tell them now that if they should do so legal action wil lbe taken against them and their decision WILL be appealed.
That is all I have to say, ladies and gentlemen! You may continue this farce if you wish, but that is all it is, a farce. Thank you!"
A murmur rose up from the audience as Longbow picked up his overcoat and left. Several dozen snowmobilers pleaded their case, then several dozen others, much to Dinsmore's dismay, spoke against it. Finally the chairman said "Enough! We have much to consider," he announced.
"We have nothing at all to consider!" the man on the far end snapped. "I put forth a motion right now to refuse this petition!"

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