State v. Elliott

State v. Elliott
State v. Elliott
Court	Vermont Supreme Court
Full case name	State of Vermont v. Raleigh Elliott, et al.
Decided	June 12, 1992
Citation	616 A.2d 210, 159 Vt. 102 (Vt. 1992)
Case history
Subsequent actions	Reargument denied (Aug. 25, 1992), cert. denied, 507 U.S. 911 (1993)
Court membership
Judges sitting	Allen, C.J., Gibson and Morse, JJ., and Albert W. Barney, C.J. (ret.) and Peck, J. (ret.), specially assigned
Case opinions
	Morse

State v. Elliott, 616 A.2d 210 (Vt. 1992), is a decision of the Vermont Supreme Court holding that all aboriginal title in Vermont was extinguished "by the increasing weight of history."^[1] The Vermont Supreme Court has clarified that its holding in Elliott applies to the entire state.^[2]

^ State v. Elliott, 616 A.2d 210, 218 (Vt. 1992) ("The legal standard does not require that extinguishment spring full blown from a single telling event. Extinguishment may be established by the increasing weight of history.").
^ State v. Cameron, 658 A.2d 939, 940 (Vt. 1995) ("Our holding in that case was made as a matter of law based on historical fact. Consequently, under the doctrine of stare decisis, Elliott is precedent binding in general, not just binding on parties to the original case. . . . Elliott affects all lands within Vermont's boundaries.").

[1] State v. Elliott, 616 A.2d 210, 218 (Vt. 1992) ("The legal standard does not require that extinguishment spring full blown from a single telling event. Extinguishment may be established by the increasing weight of history.").

[2] State v. Cameron, 658 A.2d 939, 940 (Vt. 1995) ("Our holding in that case was made as a matter of law based on historical fact. Consequently, under the doctrine of stare decisis, Elliott is precedent binding in general, not just binding on parties to the original case. . . . Elliott affects all lands within Vermont's boundaries.").

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