Vermont Supreme Court Decisions 2018
Date: December 28, 2018
Citation: 2018 VT 140
Docket Number: 2018-095
Justia Opinion Summary: Appellant Rainforest Chocolate, LLC appealed the grant of summary judgment motion in favor of appellee Sentinel Insurance Company, Ltd. Rainforest was insured under a business-owner policy offered by Sentinel. In May…
Date: December 21, 2018
Citation: 2018 VT 141
Docket Number: 2018-068
Justia Opinion Summary: Petitioner Swanton Wind LLC appealed three determinations by the Public Utility Commission. In September 2016, petitioner requested the Public Utility Commission to grant a certificate of public good (CPG), authorizing…
Date: December 21, 2018
Citation: 2018 VT 138
Docket Number: 2018-085
Justia Opinion Summary: Trustee Annette Besaw held a security interest in fifty shares of stock of the Champlain Bridge Marina, Inc. She acquired the interest previously held by Ernest Giroux upon his death, in her capacity as trustee of his…
Date: December 21, 2018
Citation: 2018 VT 125
Docket Number: 2018-143
Date: December 21, 2018
Citation: 2018 VT 137
Docket Number: 2018-146
Justia Opinion Summary: This case centered around plaintiffs’ landlocked ninety-acre parcel on Roxbury Mountain. Defendants appealed the trial court’s decision that the plaintiffs’ parcel included an appurtenant easement by necessity that…
Date: December 21, 2018
Citation: 2012 VT 58
Docket Number: 2018-159
Date: December 21, 2018
Citation: 2018 VT 136
Docket Number: 2018-164
Justia Opinion Summary: Plaintiff H. Brooke Paige, a taxpayer and resident of Washington, Vermont, appealed the civil division’s dismissal of his complaint for declaratory and injunctive relief against the State of Vermont and the Washington…
Date: December 21, 2018
Citation: 2017 VT 58
Docket Number: 2018-231
Date: December 21, 2018
Citation: 2018 VT 139
Docket Number: 2018-244
Justia Opinion Summary: M.C. was taken into the custody of the Department for Children and Families (DCF) in 2014 when he was six years old. He was adjudicated as a child in need of care or supervision. In January 2018, M.C.’s parents…
Date: December 17, 2018
Citation: 2018 VT 135
Docket Number: 2018-075
Date: December 14, 2018
Citation: 2018 VT 131
Docket Number: 2017-291
Justia Opinion Summary: Defendant Rein Kolts appealed his conviction by jury of the aggravated sexual assault of a child. On appeal, he argued: (1) his confession that he repeatedly had sex with his niece should have been suppressed because…
Date: December 14, 2018
Citation: 2018 VT 132
Docket Number: 2018-198
Justia Opinion Summary: A father appealed the termination of his parental rights to his four children. On appeal, he raised three arguments regarding the court’s termination decision: (1) the termination of parental rights (TPR) petition was…
Date: December 7, 2018
Citation: 2018 VT 67
Docket Number: 2017-270
Justia Opinion Summary: The Vermont Supreme Court withdrew its July 6, 2018 opinion in this matter, determining the State did not have a statutory right to appeal in this case. Defendant Liana Roy was charged with custodial interference for…
Date: December 7, 2018
Citation: 2018 VT 130
Docket Number: 2017-436
Justia Opinion Summary: The Vermont Agency of Transportation (VTrans) appealed the Transportation Board’s order granting judgment to W.M. Schultz Construction, Inc. in this contract dispute. Schultz entered into a contract with VTrans in…
Date: November 30, 2018
Citation: 2018 VT 124
Docket Number: 2017-193
Justia Opinion Summary: This case arose out of a dispute between an employer, MyWebGrocer, and an employee, David Tanzer, regarding the payment of phantom shares MyWebGrocer promised in an agreement between the parties. MyWebGrocer appealed…
Date: November 30, 2018
Citation: 2018 VT 128
Docket Number: 2017-368
Justia Opinion Summary: Defendant Kevin Cook conditionally pled guilty to driving under the influence. He appealed the trial court's denial of his motion to dismiss, in which he argued his failure to signal a turn was not illegal under the…
Date: November 21, 2018
Citation: 2008 VT 103
Docket Number: 2018-104
Date: November 21, 2018
Citation: 2014 VT 100
Docket Number: 2018-170
Date: November 21, 2018
Citation: 2009 VT 98
Docket Number: 2018-219
Date: November 19, 2018
Citation: 2018 VT 127
Docket Number: 2017-381
Date: November 16, 2018
Citation: 2018 VT 129
Docket Number: 2017-376
Justia Opinion Summary: In 2015, defendant Norman McAllister was charged with one count of sexual assault and two counts of procuring a person for the purposes of prostitution, based on allegations that defendant entered into a sex-for-rent…
Date: November 16, 2018
Citation: 2018 VT 120
Docket Number: 2017-398
Justia Opinion Summary: Plaintiffs appealed a trial court’s order granting defendants’ motion for summary judgment on their negligence claims. Plaintiffs were Jordan Preavy’s mother, Tracy Stopford, in her individual capacity and as…
Date: November 16, 2018
Citation: 2018 VT 126
Docket Number: 2018-118
Justia Opinion Summary: Mother appealed a superior court order that adjudicated her son, B.C., a child in need of care or supervision (CHINS). She challenged: (1) the court’s admission of evidence of father’s out-of-court statements; (2) the…
Date: November 9, 2018
Citation: 2018 VT 125
Docket Number: 2017-387
Justia Opinion Summary: Plaintiffs Willis S. Sheldon, individually as the father of Dezirae Sheldon, and as administrator of the Estate of Dezirae Sheldon, appealed the grant of summary judgment to defendant Nicholas Ruggiero, an administrative…
Date: November 9, 2018
Citation: 2018 VT 123
Docket Number: 2017-413
Justia Opinion Summary: This appeal stemmed from an Agency of Natural Resources (ANR) decision to extend the City of Burlington’s 2011 Conditional Use Determination (2011 CUD), which permitted the City to commence construction on the Champlain…
Date: November 2, 2018
Citation: 2018 VT 122
Docket Number: 2017-437
Justia Opinion Summary: Plaintiffs Donald and Preston Sweet, who are father and son, sued defendants Roy and Catherine St. Pierre in June 2014 alleging that defendants failed to pay them wages for their work improving a stand of maple trees on…
Date: November 2, 2018
Citation: 2003 VT 89
Docket Number: 2018-126
Date: November 2, 2018
Citation: 2006 VT 47
Docket Number: 2018-142
Date: November 2, 2018
Citation: 2005 VT 55
Docket Number: 2018-150
Date: November 2, 2018
Citation: 2011 VT 91
Docket Number: 2018-173
Date: November 2, 2018
Citation: 2018 VT 121
Docket Number: 2018-310
Justia Opinion Summary: Petitioner Anthony Bridger was denied habeas relief. On appeal to the Vermont Supreme Court, he sought credit for time served prior to his arraignment on burglary charges. The State cross-appealed, requesting the Supreme…
Date: October 26, 2018
Citation: 2018 VT 117
Docket Number: 2018-054
Justia Opinion Summary: A group of residents in South Burlington, Vermont presented a petition for a district-wide vote on whether to reinstate "Rebels" as the name for the District's athletic teams after the South Burlington School District…
Date: October 19, 2018
Citation: 2018 VT 112
Docket Number: 2017-299
Justia Opinion Summary: Defendant Christopher Sullivan asked the Vermont Supreme Court to vacate his sentence and remand for resentencing with a different judge. This was defendant’s second appeal following convictions for operating a motor…
Date: October 19, 2018
Citation: 2018 VT 115
Docket Number: 2017-306
Justia Opinion Summary: Defendant Donald Francis appealed his conviction of driving under the influence (DUI), arguing that the trial court impermissibly burdened the exercise of his Fourth Amendment rights when it allowed evidence of his…
Date: October 19, 2018
Citation: 2018 VT 111
Docket Number: 2017-313
Justia Opinion Summary: Defendant Doug Finkle, Sr. appeals the trial court’s denial of his motion to suppress and dismiss. He was convicted on drug possession charges. He argued the police affidavit submitted in support of a request for a…
Date: October 19, 2018
Citation: 2018 VT 114
Docket Number: 2018-063
Justia Opinion Summary: The Town of North Hero appealed the Property Valuation and Review (PVR) Division hearing officer’s decision to impose a $2000 discovery sanction against the Town in a property-tax-reappraisal appeal brought by the…
Date: October 18, 2018
Citation: 2018 VT 116
Docket Number: 2018-075
Date: October 12, 2018
Citation: 2018 VT 106
Docket Number: 2017-146
Justia Opinion Summary: Defendant Christian Noll appealed his conviction for stalking, arguing that: (1) the criminal stalking statute, as it existed when he was charged, was facially unconstitutional under the First Amendment to the U.S.…
Date: October 12, 2018
Citation: 2018 VT 108
Docket Number: 2017-267
Justia Opinion Summary: In October 2015, the State charged defendant Michael Tobin with aggravated sexual assault based on allegations that defendant had sexually abused his biological son while the child was under the age of thirteen. After a…
Date: October 12, 2018
Citation: 2018 VT 107
Docket Number: 2017-342
Justia Opinion Summary: Plaintiff Ira Martel appealed the trial court’s decision granting summary judgment on his personal injury claims in favor of his employer, defendant Connor Contracting, Inc., and two co-employees, defendants Jason Clark…
Date: October 12, 2018
Citation: 2018 VT 109
Docket Number: 2017-343
Justia Opinion Summary: Applicant LK Holdings, LLC appealed the Public Utility Commission’s dismissal of its application for a certificate of public good for a proposed group net-metered photovoltaic electric power system. The Commission…
Date: October 12, 2018
Citation: 2018 VT 110
Docket Number: 2017-374
Justia Opinion Summary: Defendant Victor Pixley was charged with unlawful trespass after he was found in an unoccupied farmhouse. Defendant testified that he was homeless, and he and his friend entered the property looking for a place to sleep.…
Date: October 12, 2018
Citation: 2018 VT 113
Docket Number: 2018-045
Justia Opinion Summary: Applicant Ahmed Hamid-Ahmed appealed a Vermont Board of Bar Examiners (Board) denying his application to take the Vermont bar exam. Applicant has a bachelor’s degree with a major in criminal justice and a Master of Laws…
Date: October 5, 2018
Citation: 2018 VT 101
Docket Number: 2017-239
Justia Opinion Summary: This case was presented to the Vermont Supreme Court after a lengthy bench trial between appellants/cross-appellees Kneebinding, Inc. (Kneebinding) and Kneebinding company directors John and Tina Springer-Miller (the…
Date: September 28, 2018
Citation: 2012 VT 86
Docket Number: 2018-176
Date: September 21, 2018
Citation: 2018 VT 104
Docket Number: 2017-378
Justia Opinion Summary: Claimant Lionel Beasley appealed a decision of the Employment Security Board, which denied him unemployment compensation benefits because it found that he performed services for an educational institution and was…
Date: September 21, 2018
Citation: 2018 VT 103
Docket Number: 2017-434
Justia Opinion Summary: Plaintiff Coalition for a Livable City (CLC) appealed the denial of its Public Records Act (PRA) and its request to the City of Burlington for an unredacted financial feasibility study provided by a private developer to…
Date: September 14, 2018
Citation: 2018 VT 105
Docket Number: 2018-008
Justia Opinion Summary: A husband appealed a final divorce order, challenging the trial court’s property division, and claimed the court erred in awarding him an amount of spousal maintenance outside the statutory guideline without stating a…
Date: September 14, 2018
Citation: 2018 VT 102
Docket Number: 2018-021
Justia Opinion Summary: A husband died, naming his niece and nephew as beneficiaries to his Individual Retirement Account, rather than his wife. The wife declaratory judgment action, arguing that the beneficiary designation should be declared…
Date: September 7, 2018
Citation: 2018 VT 99
Docket Number: 2016-354
Justia Opinion Summary: Defendant Jeremy Amidon appealed his conviction by jury of lewd or lascivious conduct with a child. He argued: (1) the trial court should have granted his motion for a mistrial after the State asked prejudicial questions…
Date: September 7, 2018
Citation: 2018 VT 97
Docket Numbers: 2017-166, 2017-062
Justia Opinion Summary: Allco Renewable Energy Limited (Allco) appealed the Vermont Public Utility Commission’s (PUC) denial of Allco’s motion to intervene as a party in proceedings concerning whether Green Mountain Power Corporation (GMP)…
Date: September 7, 2018
Citation: 2018 VT 100
Docket Number: 2017-065
Justia Opinion Summary: Defendant Walker Edelman appealed a trial court order denying his motion to suppress and dismiss, in which the trial court concluded that the Vermont Legislature had effectively granted automatic and presumptive consent…
Date: September 7, 2018
Citation: 2018 VT 96
Docket Number: 2018-055
Justia Opinion Summary: Mark Ogilbee (father) and Caroline Lee (mother) were married in January 1995 and separated in December 2015. Mother filed a complaint for divorce in March 2016 and requested that the court grant her sole legal and…
Date: August 31, 2018
Citation: 2018 VT 95
Docket Number: 2016-253
Justia Opinion Summary: Defendant Rebekah VanBuren raised a facial challenge to Vermont's "revenge porn" (disclosure of nonconsensual pornography) statute. Vermont’s law, enacted in 2015, makes it a crime punishable by not more than two years’…
Date: August 31, 2018
Citation: 2018 VT 98
Docket Number: 2017-181
Justia Opinion Summary: Defendant Roy Patten was convicted by jury of aggravated sexual assault. In 2013, complainant and her boyfriend moved to Vermont with defendant and defendant’s girlfriend. At first, the two couples lived next to each…
Date: August 31, 2018
Citation: 2018 VT 91
Docket Number: 2017-311
Justia Opinion Summary: In April 2011, having been charged with three felonies and six misdemeanors, petitioner Michael Carpenter pled guilty to one felony: violation of an abuse-prevention order (VAPO), and five misdemeanors as part of a plea…
Date: August 31, 2018
Citation: 2018 VT 94
Docket Number: 2017-429
Justia Opinion Summary: The State appealed a Vermont Labor Relations Board decision interpreting a collective bargaining agreement between the State and the Vermont State Employees’ Association (VSEA). The question at issue was whether a change…
Date: August 24, 2018
Citation: 2018 VT 93
Docket Number: 2017-345
Justia Opinion Summary: In 2014, Michael Messier and Kay Bushman were involved in an auto accident. Both were the drivers of their respective vehicles and were then-alleged to be Vermont residents. In 2017, shortly before the statute of…
Date: August 17, 2018
Citation: 2018 VT 83
Docket Number: 2017-099
Justia Opinion Summary: Defendants Barry Feldman, the New England Expedition-Colchester, LCC (NEE-Colchester), and Colchester Managing Member, LLC (CMM), petitioned the Vermont Supreme Court to strike jury-awarded punitive damages and find that…
Date: August 17, 2018
Citation: 2018 VT 92
Docket Number: 2017-127
Justia Opinion Summary: At issue before the Vermont Supreme Court in this case centered on whether defendant Stuart Lizotte’s Fourth Amendment rights were violated when his online service provider, AOL, searched his transmissions, detected…
Date: August 17, 2018
Citation: 2018 VT 86
Docket Number: 2017-344
Justia Opinion Summary: The State appealed a trial court's grant of defendant Ronald Dupuis's motion to suppress evidence arising from a game warden's warrantless search of his property, arguing that because defendant's "no trespass" postings…
Date: August 17, 2018
Citation: 2018 VT 88
Docket Number: 2017-381
Justia Opinion Summary: Plaintiff Alpine Haven Property Owners' Association, Inc. (AHPOA) appealed a trial court's decision in its collection action against defendant-homeowners Harry and Lynette Brewin. In awarding judgment to AHPOA, the court…
Date: August 17, 2018
Citation: 2018 VT 90
Docket Number: 2017-440
Justia Opinion Summary: Richard Joyce appealed the decision of an appellate officer within the Office of Professional Regulation dismissing his appeal for failure to file a statement of questions for consideration on appeal and complete the…
Date: August 17, 2018
Citation: 2018 VT 84
Docket Number: 2018-102
Justia Opinion Summary: The Firing Range Neighborhood Group, LLC (Neighborhood Group) appealed an environmental court decision declining to find Act 250 jurisdiction over a firing range operated by the Laberge family (Laberge). Neighborhood…
Date: August 10, 2018
Citation: 2018 VT 78
Docket Numbers: 2015-451, 2016-159, 2016-241, 2016-277
Justia Opinion Summary: The four petitioners in these consolidated appeals all pled guilty to criminal offenses between 2005 and 2013. After the appeal period had passed, they initiated collateral challenges to their convictions by filing…
Date: August 10, 2018
Citation: 2018 VT 87
Docket Number: 2016-294
Justia Opinion Summary: DefendantMitchell Bowen appeals his conviction for sexual assault following his guilty plea, arguing that during the plea colloquy the trial court failed to comply with Vermont Rule of Criminal Procedure 11(f) and did…
Date: August 10, 2018
Citation: 2018 VT 77
Docket Number: 2017-355
Justia Opinion Summary: Father Mar-Rea Terino appealed the family court’s denial of his request to include a mechanism in his divorce decree for revisiting parent-child contact for his two-year-old child as the child got older, particularly as…
Date: August 10, 2018
Citation: 2018 VT 81
Docket Number: 2017-393
Justia Opinion Summary: Defendant Amanda Stuart appealed her probation revocation arising from two probation violations. In May 2016, defendant pled guilty to negligent operation of a vehicle and reckless endangerment. The plea agreement called…
Date: August 10, 2018
Citation: 2018 VT 79
Docket Number: 2017-417
Justia Opinion Summary: In 2015, plaintiff Stonewall of Woodstock Corporation (Stonewall) entered into negotiations to buy commercial property located in Woodstock from defendant Oliver Block, LLC (Oliver Block). A written contract of sale was…
Date: August 10, 2018
Citation: 2018 VT 85
Docket Number: 2018-014
Justia Opinion Summary: Defendant Ernest Phillips filed an interlocutory appeal of the trial court’s denial of his motion to accept a plea agreement after lengthy litigation in the criminal division concerning defendant’s alleged sexual contact…
Date: August 10, 2018
Citation: 2018 VT 80
Docket Number: 2018-018
Justia Opinion Summary: At issue before the Vermont Supreme Court in this case was whether a landlord and a social guest of a tenant may be held liable for injuries caused by the tenant’s dogs to a third person outside of the landlord’s…
Date: August 10, 2018
Citation: 2018 VT 82
Docket Number: 2018-050
Justia Opinion Summary: Plaintiff Wayne Clark appealed the grant of summary judgment on statute of limitations grounds to defendant Richard DiStefano in connection with Clark’s claim to collect on a promissory note. Clark argued the court…
Date: August 6, 2018
Citation: 2017 VT 12
Docket Number: 2017-363
Date: August 3, 2018
Citation: 2018 VT 76
Docket Number: 2017-422
Justia Opinion Summary: Petitioner Michele Boulet appealed the trial court’s decision to dismiss her petition for modification of the guardianship of C.H. In 2017, petitioner petitioned for modification of the guardianship of C.H., a…
Date: July 27, 2018
Citation: 2018 VT 73
Docket Number: 2017-075
Justia Opinion Summary: Defendant Lucas Dwight appealed the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raised two issues on appeal: (1) whether the…
Date: July 27, 2018
Citation: 2018 VT 74
Docket Number: 2017-209
Justia Opinion Summary: In 2016, eighteen-year-old defendant Randy Hughs had sexual intercourse with a fourteen-year-old minor, C.H., with whom he had been texting for the previous month and a half. The next day, defendant arranged to have a…
Date: July 27, 2018
Citation: 2018 VT 75
Docket Number: 2017-333
Justia Opinion Summary: This appeal arose from a dispute between Taylor Glaze, a surviving niece of Emil Kuhling, and Emil Kuhling’s Estate (Estate) over two agreements between Taylor and Emil: one concerning the transfer of Emil’s home and…
Date: July 27, 2018
Citation: 2018 VT 71
Docket Number: 2017-375
Justia Opinion Summary: Bank of America appealed a trial court order confirming the sale of a foreclosed property in favor of Sandra Lockerby. The property at issue was foreclosed by judicial order in December 2015. The foreclosure order…
Date: July 16, 2018
Citation: 2018 VT 72
Docket Numbers: 2017-051, 2017-126
Justia Opinion Summary: In consolidated cases, the State of Vermont appealed the trial court’s interlocutory orders granting defendants’ motions in limine seeking to suppress evidence of their refusal to submit to blood tests to determine if…
Date: July 16, 2018
Citation: 2007 VT 77
Docket Number: 2017-423
Date: July 16, 2018
Citation: 2008 VT 103
Docket Number: 2018-019
Date: July 16, 2018
Citation: 2018 VT 20
Docket Number: 2018-046
Date: July 13, 2018
Citation: 2018 VT 68
Docket Number: 2017-300
Justia Opinion Summary: Petitioner Mark Clark appealed pro se the dismissal of his complaint regarding his eligibility for prison work camp. Petitioner is an inmate under the custody and control of the DOC. He pled guilty to driving under the…
Date: July 13, 2018
Citation: 2018 VT 66
Docket Number: 2017-364
Justia Opinion Summary: Jason Lillie appeals the Employment Security Board’s denial of his claim for unemployment benefits. In July 2014, Lillie was an employee of Amerigas Propane, Inc. and suffered an injury while working. He reported the…
Date: July 13, 2018
Citation: 2018 VT 70
Docket Number: 2018-004
Justia Opinion Summary: Husband John Warren appealed the trial court’s denial of his and wife Sandra Penland's (Warren) joint motion to modify their final divorce order. The issue in this case was whether the trial court had jurisdiction under…
Date: July 6, 2018
Citation: 2018 VT 67
Docket Number: 2017-270
Justia Opinion Summary: Defendant Liana Roy was convicted of custodial interference for taking her four-year-old daughter, who was then in Department for Children and Families (DCF) custody, on a two-day trip out of the state without DCF’s…
Date: June 29, 2018
Citation: 2018 VT 63
Docket Numbers: 2017-131, 2017-274
Justia Opinion Summary: Plaintiffs were inmates in the custody of the Vermont Department of Corrections who claimed a statute and certain administrative policies enacted after their incarceration operated together to retroactively increase the…
Date: June 29, 2018
Citation: 2018 VT 64
Docket Number: 2017-158
Justia Opinion Summary: Plaintiffs sought relief from the City of Rutland after suffering sewage backups in their homes. The trial court granted summary judgment to the City, concluding plaintiffs failed to adequately support their negligence,…
Date: June 29, 2018
Citation: 2018 VT 65
Docket Number: 2017-262
Justia Opinion Summary: Defendant Emily St. Peter appealed her conviction on five counts of cruelty to animals, arguing the trial court erred in declining to suppress evidence about five horses she voluntarily surrendered during a cruelty…
Date: June 22, 2018
Citation: 2018 VT 61
Docket Number: 2017-277
Justia Opinion Summary: Defendant Aaron Cady appeals the trial court’s decision, rejecting his coram nobis petition challenging the validity of the plea colloquy preceding his conviction for driving under the influence, second offense (DUI-2).…
Date: June 15, 2018
Citation: 2018 VT 59
Docket Number: 2017-113
Justia Opinion Summary: Allen Avery (testator) died testate in 2008 and left property to his spouse and children. His spouse, children, and the executor of the estate disputed how the estate’s administrative expenses should have been allocated.…
Date: June 15, 2018
Citation: 2009 VT 11
Docket Number: 2017-385
Date: May 25, 2018
Citation: 2018 VT 58
Docket Number: 2017-112
Justia Opinion Summary: Claimant Joanne Perrault appealed the Commissioner of Labor’s decision on summary judgment denying her workers’ compensation benefits. On appeal, claimant argued she was an employee of defendant Chittenden County…
Date: May 25, 2018
Citation: 2018 VT 55
Docket Number: 2017-225
Justia Opinion Summary: Sung-Hee Chung (neighbor) appealed the Environmental Division’s grant of summary judgment to Lori and Richard Mathez (applicants). The appeal concerned whether the District Commission exceeded its authority by issuing a…
Date: May 25, 2018
Citation: 2018 VT 54
Docket Number: 2017-348
Justia Opinion Summary: Father Andrew Bratton appealed the denial of his motion to modify legal and physical parental rights and responsibilities in the parties’ son D.B. Father argued that the court improperly treated the child’s maternal…
Date: May 25, 2018
Citation: 2018 VT 57
Docket Number: 2017-360
Justia Opinion Summary: Grievant Edward von Turkovich appealed a Vermont Labor Relations Board decision denying his motion to enlarge the time for him to file a notice of appeal. Grievant filed an employment grievance with the Board in January…
Date: May 18, 2018
Citation: 2018 VT 53
Docket Numbers: 2017-102, 2017-103
Justia Opinion Summary: In consolidated appeals, an executor of an estate sued the clinic and physician's assistant who treated the decedent for wrongful death. The trial court dismissed the case because plaintiff failed to file a certificate…
Date: May 11, 2018
Citation: 2018 VT 52
Docket Number: 2017-165
Justia Opinion Summary: Appellant Renewable Energy Vermont (REV) asked the Vermont Supreme Court to review a Vermont Public Utility Commission order altering technology allocations in the standard-offer program for renewable energy projects.…
Date: May 4, 2018
Citation: 2018 VT 45
Docket Number: 2016-166
Justia Opinion Summary: In late October 2015, two women in Burlington found flyers advertising the Ku Klux Klan at their homes. One of the women was Mexican American; the other, African American. One woman found the flyer folded up and inserted…
Date: May 4, 2018
Citation: 2018 VT 50
Docket Number: 2016-385
Justia Opinion Summary: Petitioner Cynthia Pinheiro appealed a superior court judgment denying her post-conviction relief (PCR). In her PCR action, petitioner sought to set aside her conviction for aggravated domestic assault on the basis that…
Date: May 4, 2018
Citation: 2018 VT 51
Docket Number: 2017-349
Justia Opinion Summary: In June 2016, Federal National Mortgage Association (“bank”) filed an eviction action against defendant Marjorie Johnston for property located at 49 Pine Street in Rutland, Vermont. Following entry of a default judgment,…
Date: May 4, 2018
Citation: 2014 VT 74
Docket Number: 2017-425
Date: April 27, 2018
Citation: 2018 VT 49
Docket Number: 2016-310
Justia Opinion Summary: Defendant Jasen Suhr was charged with sexual assault, in violation of 13 V.S.A. 3252(a)(1), based on allegations that he forced his girlfriend to have sexual intercourse with him without her consent. At that time,…
Date: April 27, 2018
Citation: 2018 VT 48
Docket Number: 2017-147
Justia Opinion Summary: The issue in this case was whether an individual convicted of a sex offense could be compelled to register as a sex offender if the putative victim was an adult undercover police officer posing as a minor child.…
Date: April 27, 2018
Citation: 2018 VT 46
Docket Number: 2017-250
Justia Opinion Summary: R.E.E. & C. Capital Management Services, Inc. (buyer) appealed a trial court order granting People’s United Bank’s motion to compel buyer to complete the purchase of a foreclosed commercial property. Buyer raised three…
Date: April 20, 2018
Citation: 2018 VT 41
Docket Number: 2017-079
Justia Opinion Summary: In the late 1970s and early 1980s, Richard Hayes developed a subdivision called Mountain View Estates on land jointly owned by him and his wife, Nadine Hayes, in the Town of Manchester. The subdivision grew to include…
Date: April 20, 2018
Citation: 2018 VT 42
Docket Number: 2017-162
Justia Opinion Summary: The question this case presented for the Vermont Supreme Court’s review was whether steep increases in project cost estimates for the Addison Natural Gas Project, combined with changes in energy markets, created a…
Date: April 20, 2018
Citation: 2018 VT 44
Docket Number: 2017-194
Justia Opinion Summary: From 2006 to 2016, Vermont Gas Systems, Inc. (VGS) operated under an “alternative regulation” plan (ARP). Pursuant to the ARP, VGS’s rates were automatically adjusted every quarter based on changes in gas costs. In 2011,…
Date: April 20, 2018
Citation: 2018 VT 47
Docket Number: 2017-282
Justia Opinion Summary: Katherine Heffernan appealed the trial court’s decision dismissing her complaint, which sought indemnification from the State on a default judgment she obtained against a state employee and which claimed that the State…
Date: April 13, 2018
Citation: 2018 VT 39
Docket Number: 2017-133
Justia Opinion Summary: The District 5 Commission denied Korrow Real Estate LLC’s as-built application for an Act 250 permit to construct a barn on property alongside the Dog and Stony Brook Rivers, finding the project failed to comply with Act…
Date: April 6, 2018
Citation: 2018 VT 40
Docket Number: 2015-389
Justia Opinion Summary: The conviction in this case stemmed from an incident that occurred in the summer of 2010. Defendant, who was attending the University of Vermont (UVM) at that time, met with complainant, another UVM student, to go to a…
Date: April 6, 2018
Citation: 2018 VT 38
Docket Numbers: 2016-417, 2017-208, 2017-326
Justia Opinion Summary: In consolidated appeals, mother, the noncustodial parent, challenged three successive orders of the family division that restricted and then temporarily suspended her contact with the parties’ sixteen-year-old son. After…
Date: April 6, 2018
Citation: 2018 VT 36
Docket Number: 2017-150
Justia Opinion Summary: Defendant John Stern, Jr. appealed the trial court’s determination that he violated the terms of his probation by possessing a firearm. Defendant pled guilty to domestic assault in November 2015. The trial court deferred…
Date: April 6, 2018
Citation: 2018 VT 37
Docket Number: 2017-201
Justia Opinion Summary: The Village of Waterbury terminated Adam Hubacz as one of its police officers. The Village appealed when the trial court granted Hubacz's Rule of Civil Procedure 75 petition overturning its employment action. On…
Date: April 6, 2018
Citation: 2008 VT 25
Docket Number: 2017-350
Date: April 6, 2018
Citation: 2011 VT 104
Docket Number: 2017-400
Date: March 23, 2018
Citation: 2018 VT 33
Docket Number: 2016-280
Justia Opinion Summary: Defendant Jeffrey Davis appealed after a jury convicted him for financial exploitation of a vulnerable adult. In 1995, defendant’s mother and father had an attorney draft a conditional power of attorney document. The…
Date: March 23, 2018
Citation: 2018 VT 34
Docket Number: 2017-287
Justia Opinion Summary: Appellant Sulaiman Jadallah sought reversal of a decision that: (1) denied his request to vacate a settlement agreement between himself, appellee Gabriel Handy, and appellee Sidon Pantry, LLC under Vermont Rule of Civil…
Date: March 16, 2018
Citation: 2018 VT 26
Docket Number: 2016-036
Justia Opinion Summary: Claimant Catherine Lyons appealed the grant of summary judgment in favor of the Department of Labor Commissioner (the Commissioner), which found she did not qualify for workers’ compensation benefits for an injury…
Date: March 16, 2018
Citation: 2018 VT 28
Docket Number: 2016-284
Justia Opinion Summary: Defendant Nathaniel Peatman appeals his convictions, following a jury trial, for first-degree aggravated domestic assault, aggravated assault of a law enforcement officer, and resisting arrest. Defendant argues that his…
Date: March 16, 2018
Citation: 2018 VT 30
Docket Number: 2017-187
Justia Opinion Summary: Respondents Francis and Barbara Supeno, and Barbara Ernst, appealed an order of the Environmental Division imposing a penalty of $27,213 for water and wastewater permit violations. Respondents Francis Supeno and Barbara…
Date: March 16, 2018
Citation: 2018 VT 31
Docket Number: 2017-257
Justia Opinion Summary: Claimant Louis LaFountain appealed pro se the Employment Security Board’s denial of his claim for unemployment benefits. Claimant was employed as a store manager at the Eden General Store for three-and-a-half years.…
Date: March 16, 2018
Citation: 2018 VT 32
Docket Number: 2017-339
Justia Opinion Summary: At issue for the Vermont Supreme Court’s review was a determination of whether the evidence and findings supported the trial court’s conclusion that a child with significant mental-health issues was a child in need of…
Date: March 9, 2018
Citation: 2018 VT 23
Docket Number: 2017-044
Justia Opinion Summary: Plaintiff-inmate Kirk Wool appealed the dismissal of his claim that the Vermont Department of Corrections violated a statutory obligation to negotiate and award a contract to provide telephone services to inmates serving…
Date: March 9, 2018
Citation: 2018 VT 27
Docket Number: 2017-305
Justia Opinion Summary: Following a decision from a three-justice panel of the Vermont Supreme Court issued June 26, 2017 involving these parties and this litigation and affirming a final judgment order, the civil division attempted to conduct…
Date: March 7, 2018
Citation: 2018 VT 29
Docket Number: 2018-042
Date: February 23, 2018
Citation: 2018 VT 21
Docket Numbers: 2017-058, 2017-152, 2017-153, 2017-213
Justia Opinion Summary: The Vermont Department of Taxes appeals from trial court orders in favor of defendants in consolidated tax-collection cases. Defendants Thomas Tatro, Kenneth Montani, and Tyre Duvernay failed to file personal income tax…
Date: February 23, 2018
Citation: 2018 VT 25
Docket Number: 2017-098
Justia Opinion Summary: Defendant Landon Urban appealed a trial court's imposition of probationary conditions in connection with a plea agreement. In May 2016, defendant was charged with aggravated assault with a deadly weapon and simple…
Date: February 23, 2018
Citation: 2018 VT 18
Docket Number: 2017-142
Justia Opinion Summary: Negotiations Committee of Caledonia Central Supervisory Union (Committee) and Caledonia Central Education Association (Association) disputed whether collective bargaining negotiations between a school board negotiation…
Date: February 23, 2018
Citation: 2018 VT 24
Docket Number: 2017-186
Date: February 16, 2018
Citation: 2018 VT 20
Docket Number: 2016-299
Justia Opinion Summary: Neighbors appealed the Environmental Division’s order dismissing as untimely their appeal to that court from a decision of the Town of Jericho Development Review Board (DRB) granting a conditional use permit to applicant…
Date: February 16, 2018
Citation: 2018 VT 14
Docket Number: 2016-301
Justia Opinion Summary: This case was the second arising from the near-fatal assault of Michael Kuligoski by Evan Rapoza, who had previously been diagnosed with schizophreniform disorder. Here, members of the Kuligoski family(plaintiffs)…
Date: February 16, 2018
Citation: 2018 VT 16
Docket Number: 2016-315
Justia Opinion Summary: Defendant Daniel Larkin appealed his conviction of second-degree aggravated domestic assault. Defendant argued the trial court’s exclusion of evidence of complainant’s previous conviction for providing false information…
Date: February 16, 2018
Citation: 2018 VT 19
Docket Number: 2017-122
Justia Opinion Summary: Applicant Chris Khamnei appealed a superior court decision affirming the Burlington Public Works Commission’s denial of his request for permits to complete plumbing work in a building he owned because he failed to…
Date: February 16, 2018
Citation: 2018 VT 17
Docket Number: 2017-220
Justia Opinion Summary: Plaintiff built a home on leased property owned by the Town of Vernon. The property is part of glebe land1 first leased by the Town in the early nineteenth century. The instant claim is premised upon an alleged covenant…
Date: February 9, 2018
Citation: 2018 VT 13
Docket Number: 2016-221
Justia Opinion Summary: Defendant Shawn Bellanger appealed after a jury found him guilty of aggravated sexual assault of a child under 13 and lewd or lascivious conduct with a child under 13. On appeal, defendant raised arguments related to the…
Date: February 9, 2018
Citation: 2018 VT 8
Docket Number: 2016-316
Justia Opinion Summary: This case involved a long-standing dispute between a condominium unit owner, Roy H.A. Watson III, and the organization that managed his condominium, the Village at Northshore I Association (Association). The legal issues…
Date: February 9, 2018
Citation: 2018 VT 15
Docket Number: 2017-321
Justia Opinion Summary: The issue this case presented for the Vermont Supreme Court's review concerned whether a trial court could modify parental rights and responsibilities when one parent was relocating if that issue was not expressly raised…
Date: February 2, 2018
Citation: 2009 VT 109
Docket Number: 2017-047
Date: February 2, 2018
Citation: 2013 VT 1
Docket Number: 2017-139
Date: February 2, 2018
Citation: 2018 VT 12
Docket Number: 2017-224
Justia Opinion Summary: The issue this case presented for the Vermont Supreme Court’s review centered on whether a party who participates extensively and without objection in an arbitration proceeding for nearly seven months prior to the actual…
Date: February 2, 2018
Citation: 2016 VT 89
Docket Number: 2017-244
Date: February 2, 2018
Citation: 2009 VT 101
Docket Number: 2017-245
Date: February 2, 2018
Citation: 2003 VT 82
Docket Number: 2017-286
Date: February 2, 2018
Citation: 2016 VT 71
Docket Number: 2017-332
Date: February 2, 2018
Citation: 2005 VT 112
Docket Number: 2017-351
Date: January 26, 2018
Citation: 2018 VT 5
Docket Numbers: 2013-191, 2015-382
Justia Opinion Summary: Petitioner Edwin Towne, Jr. appealed the dismissal of his tenth and eleventh petitions for post-conviction relief (PCR). In 1989, petitioner was convicted of first-degree murder. In his ninth petition, petitioner argued…
Date: January 26, 2018
Citation: 2018 VT 11
Docket Number: 2017-014
Justia Opinion Summary: Respondent Gregory Bombardier was a professional engineer licensed by the State of Vermont. He challenged the Board of Professional Engineering’s decision, affirmed by an administrative officer from the Office of…
Date: January 12, 2018
Citation: 2018 VT 2
Docket Numbers: 2017-134, 2017-135
Justia Opinion Summary: Husband was raised in India and attended high school and college there. In 2009, he moved to Montreal, Canada to pursue a master’s degree in food science and engineering from McGill University. In 2011, Keurig Green…
Date: January 12, 2018
Citation: 2018 VT 1
Docket Number: 2017-180
Justia Opinion Summary: Cheryl Brown and Matthew Denis were involved in a traffic accident, when Denis’s truck bumped into Brown’s car from behind. Denis claimed the accident happened when he inadvertently took his foot off the brake as he…
Date: January 12, 2018
Citation: 2018 VT 3
Docket Number: 2017-189
Justia Opinion Summary: Stowe Cady Hill Solar (Cady Hill) applied to the Vermont Public Utility Commission for a certificate of public good to construct a group net-metered solar array in the Town of Stowe. The Commission dismissed Cady Hill’s…
Date: January 12, 2018
Citation: 2018 VT 4
Docket Number: 2017-240
Justia Opinion Summary: The issue this case presented for the Vermont Supreme Court's review centered on whether a court could terminate parents’ parental rights following a hearing in which, over an objection, the State was represented by the…
Date: January 8, 2018
Citation: 2017 VT 22
Docket Number: 2017-105
Date: January 8, 2018
Citation: 2015 VT 70
Docket Number: 2017-210
Date: January 8, 2018
Citation: 2015 VT 115
Docket Number: 2017-222
Date: January 8, 2018
Docket Number: 2017-232
Date: January 8, 2018
Citation: 2014 VT 104
Docket Number: 2017-251
Date: January 8, 2018
Citation: 2016 VT 102
Docket Number: 2017-290
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