Vermont Supreme Court Decisions 2011

In re HS-122
Date: December 22, 2011
Citation: 2011 VT 138
Docket Number: 2011-128

Justia Opinion Summary: This case concerns public access to income-adjusted property tax records. Appellee Joseph O’Dea sought a copy of the Town of Manchester's state property tax adjustment report, which contains a list of the property tax a...

Vermont v. Robitaille
Date: December 15, 2011
Citation: 2011 VT 135
Docket Number: 2010-078

Justia Opinion Summary: Defendant Jeremy Robitaille appealed his conditional guilty plea to assault and robbery, arguing that the trial court erred in denying his motion to suppress. Defendant maintained that statements he made to police were...

Handverger v. City of Winooski and O'Brien
Date: December 15, 2011
Citation: 2011 VT 134
Docket Number: 2011-028

Justia Opinion Summary: Plaintiff Joshua Handverger, the former city manager of Winooski, appealed a trial court's grant of summary judgment to the Winooski city attorney. Plaintiff sued the city attorney, individually, for breach of fiduciary...

Wilson v. Wilson
Date: December 12, 2011
Citation: 2011 VT 133
Docket Number: 2010-447

Justia Opinion Summary: Craig Wilson appealed a family division order that dismissed his motion to modify part of his 2005 final divorce decree. The court concluded that the provision at issue pertained to property division and he did not demon...

Vermont v. Carrolton
Date: December 2, 2011
Citation: 2011 VT 131
Docket Number: 2010-441

Justia Opinion Summary: The State appealed a superior court's interlocutory order that granted Defendant Bruce Carrolton's motion to merge two counts of lewd-and-lascivious conduct into one. Relying on "State v. Perillo," (649 A.2d 566 (1994)),...

Handverger v. City of Winooski and O'Brien
Date: November 29, 2011
Citation: 2011 VT 130
Docket Number: 2010-174

Justia Opinion Summary: Plaintiff Joshua Handverger, the former city manager of the City of Winooski, appealed a trial court's dismissal of his claim for extraordinary relief against the City under Vermont Rule of Civil Procedure 75 and a relat...

Lay v. Pettengill
Date: November 23, 2011
Citation: 2011 VT 127
Docket Number: 2010-185

Justia Opinion Summary: Plaintiff David Lay appealed a superior court’s order that granted summary judgment to Defendants William J. Pettengill, Elizabeth F. Novotny, and Daniel K. Troidl on his complaint. Plaintiff's claims stemmed from an in...

Kennery v. Vermont
Date: November 23, 2011
Citation: 2011 VT 121
Docket Number: 2010-448

Justia Opinion Summary: Plaintiff Andrew Kennery, on behalf of the estate of Gladys Kennery, appealed the decision of the Windham Superior Court that granted the State's motion for summary judgment on his complaint alleging negligence, gross ne...

Colson v. Vermont League of Cities & Towns
Date: November 18, 2011
Citation: 2011 VT 129
Docket Number: 2010-245

Justia Opinion Summary: "This is a case of avoidable error and its consequences." The Vermont League of Cities and Towns (VLCT), the workers' compensation insurance carrier for the Town of Randolph, settled a compensation claim of Claimant Stac...

In re R.W. and N.W.
Date: November 18, 2011
Citation: 2011 VT 124
Docket Number: 2011-006

Justia Opinion Summary: In this termination of parental rights case, the Supreme Court considered two separate appeals pertaining to a mother’s and father’s respective rights to their two daughters, seventeen-year-old R.W. and thirteen-year-old...

Knutsen v. Cegalis
Date: November 15, 2011
Citation: 2011 VT 128
Docket Number: 2010-351

Justia Opinion Summary: Mother Karen Cegalis appealed a family court's order that awarded primary custody of her five-year-old son to Father Raymond Knutsen. On appeal, Mother argued the family court made numerous errors in its decision, that t...

SEC America, LLC v. Marine Electric Systems, Inc.
Date: November 10, 2011
Citation: 2011 VT 125
Docket Number: 2010-436

Justia Opinion Summary: The parties in this case separately appealed the trial court order that awarded damages in excess of $78,000 to Plaintiff SEC America (SEC). Defendant Marine Electric Systems, Inc. (MES) contended the court erred in: (1...

State v. Amidon
Date: November 8, 2011
Citation: 2011 VT 126
Docket Number: 2010-270

Puppolo v. Donovan & O'Connor, LLC
Date: November 7, 2011
Citation: 2011 VT 119
Docket Number: 2010-230

Justia Opinion Summary: Plaintiff Celeste Puppolo, executor of the Estate of Eva Puppolo, appealed a jury verdict in favor of Defendant Donovan & O'Connor, LLC stemming from a legal malpractice action. Plaintiff claimed that the trial court err...

Glassford v. BrickKicker
Date: November 4, 2011
Citation: 2011 VT 118
Docket Number: 2009-362

Justia Opinion Summary: Plaintiffs James and Heidi Glassford, who brought suit to obtain compensation for an allegedly negligent home inspection, appealed a superior court’s order granting summary judgment in favor of home inspector Defendants...

Vermont v. Kenvin
Date: November 4, 2011
Citation: 2011 VT 123
Docket Number: 2010-138

Justia Opinion Summary: Defendant Joseph Kenvin appealed a district court's judgment that required him to pay restitution and sentenced him to a twelve month term in jail. Following a car accident that resulted in a fatality, a jury convicted d...

Vermont v. Therrien
Date: November 4, 2011
Citation: 2011 VT 120
Docket Number: 2010-401

Justia Opinion Summary: Defendant William Therrien Jr. appealed the civil suspension of his driver’s license and his conviction for driving under the influence of intoxicating liquor (DUI). Defendant argued that the trial court erred in denying...

Garbitelli v. Town of Brookfield
Date: November 4, 2011
Citation: 2011 VT 122
Docket Number: 2011-020

Justia Opinion Summary: Taxpayer-Petitioner Michael Garbitelli appealed a superior court judgment that affirmed the Town of Brookfield Board of Abatement's denial of his request for a tax abatement. During a townwide reappraisal in 2007, Petit...

Billings v. Billings
Date: October 14, 2011
Citation: 2011 VT 116
Docket Number: 2010-055

Justia Opinion Summary: Plaintiff Natalie Billings appealed a family court's final judgment order in favor of her husband Jireh Billings, Sr.  Plaintiff argued on appeal: (1) the family court abused its discretion by granting husband's motion i...

DeSantis v. Pegues
Date: October 7, 2011
Citation: 2011 VT 114
Docket Number: 2010-178

Justia Opinion Summary: John Pegues (Father) appealed a family court's denial of his motion to reinstate parent-child contact with his daughter following a voluntary suspension of such contact due to an allegation of child sexual abuse.  Father...

In re Appeal of Morrill House, LLC and Smith Variance
Date: September 30, 2011
Citation: 2011 VT 117
Docket Number: 2010-376

Justia Opinion Summary: Applicants Howard Smith and Morrill House, LCC appealed a decision of the Superior Court’s Environmental Division that denied their request for a variance to subdivide property located in the Town of Fair Haven, Vermont....

Rutanhira v. Rutanhira
Date: September 30, 2011
Citation: 2011 VT 113
Docket Number: 2010-377

Justia Opinion Summary: Tinotenda Rutanhira (Father) appealed a family division order awarding Sara Rutanhira (Mother) primary legal rights and responsibilities for the parties' daughter based on the court's conclusion that Father exercised poo...

White v. Harris
Date: September 29, 2011
Citation: 2011 VT 115
Docket Number: 2010-246

Justia Opinion Summary: Plaintiff Terrance White appealed a superior court's order in his wrongful death action that granted summary judgment to Defendant Fletcher Allen Health Care, Inc. This case arose from the suicide of Plaintiff's fourteen...

Pease v. Windsor Dev. & Review Bd
Date: September 29, 2011
Citation: 2011 VT 103
Docket Numbers: 2010-286, 2010-287

Justia Opinion Summary: Plaintiff Craig Pease appealed the trial court’s summary judgment determination that Defendants the Windsor Development & Review Board (DRB) and the Town of Windsor had fully responded to his Public Records Act (PRA) req...

In re SP Land Co., LLC
Date: September 22, 2011
Citation: 2011 VT 104
Docket Number: 2010-332

Justia Opinion Summary: This appeal arose from a dispute over an administrative amendment to the master development plan for Killington Resort Village granted to its co-applicants, the current owners of Killington Resort Village and SP Land Com...

Chickanosky v. Chickanosky
Date: September 22, 2011
Citation: 2011 VT 110
Docket Number: 2010-385

Justia Opinion Summary: Margaret Chickanosky appealed a family court order granting Michael Chickanosky sole physical and legal rights and responsibilities over their child. On appeal, the mother contended that: (1) the family court's findings...

Porter v. AT&T Mobility, LLC
Date: September 19, 2011
Citation: 2011 VT 112
Docket Number: 2010-308

Justia Opinion Summary: Defendant AT&T Mobility, LLC appealed a trial court’s denial of its motion to compel arbitration. AT&T claimed the trial court erred by ruling that AT&T had not been assigned Plaintiff Pike Porter’s cell phone contract...

Vermont v. Weisler
Date: September 16, 2011
Citation: 2011 VT 96
Docket Numbers: 2010-040, 2010-067

Justia Opinion Summary: Defendants Michael Weisler and Raymond King contended the trial court erred in denying their respective motions to suppress evidence seized from a vehicle in which they were passengers. On a fall 2009 evening, a Vermont...

Vermont v. Charland
Date: September 16, 2011
Citation: 2011 VT 107
Docket Number: 2010-149

Justia Opinion Summary: Defendant Diana Charland appealed her sentence following her jury conviction on a charge of driving while intoxicated (DWI), third or subsequent offense.  She argued that the trial court improperly enhanced her sentence,...

Vermont v. Wetter
Date: September 16, 2011
Citation: 2011 VT 111
Docket Number: 2010-158

Justia Opinion Summary: Defendant Rebecca Wetter was charged with and convicted of three counts of endeavoring to incite a felony and one count of conspiracy.  The charges were based on allegations that Defendant and her daughter Jennifer desir...

ProSelect Insurance Co. v. Levy
Date: September 13, 2011
Citation: 2011 VT 109
Docket Number: 2010-438

Justia Opinion Summary: Plaintiff ProSelect Insurance Company filed this declaratory relief action to determine its duty to indemnify its insured in a lawsuit alleging medical malpractice and sexual assault. The trial court construed a policy...

Vermont v. Bol
Date: September 9, 2011
Citation: 2011 VT 99
Docket Number: 2010-009

Justia Opinion Summary: Defendant Yai Bol appealed his conviction for giving false information to a police officer and possession of cocaine. He argued that the trial court erred by preventing his counsel from using a peremptory challenge to s...

Bradford Oil Co. v. Stonington Insurance Co.
Date: September 9, 2011
Citation: 2011 VT 108
Docket Number: 2010-361

Justia Opinion Summary: The issue on this appeal centers on who should bear responsibility for the cost of cleaning up petroleum contamination caused by releases from a gas station's underground storage tanks. The controversy in this appeal wa...

Southwick v. City of Rutland
Date: September 9, 2011
Citation: 2011 VT 105
Docket Number: 2010-372

Justia Opinion Summary: This appeal stemmed from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) that granted VSA the right to host its annual swim meet at a facility in a city park. VSA appealed the tria...

Towslee v. Callanan
Date: September 8, 2011
Citation: 2011 VT 106
Docket Number: 2009-382

Justia Opinion Summary: Husband-Petitioner John Towslee appealed a post-divorce ruling by the family court. The parties were divorced in 1997. By stipulation, which was incorporated into the final divorce order, Wife-Respondent Cathleen Callana...

Vermont v. Lamonda
Date: September 8, 2011
Citation: 2011 VT 101
Docket Number: 2010-209

Justia Opinion Summary: Defendant Tina Marie Lamonda entered a conditional guilty plea to one count of possession of a narcotic drug. She challenged the trial court's denial of her motion to suppress and dismiss. Defendant was charged following...

Vermont v. F.M.
Date: September 7, 2011
Citation: 2011 VT 100
Docket Number: 2010-211

Justia Opinion Summary: The issue before the Supreme Court in this case raised the question of the meaning of "expungement" within the Vermont judicial system. Defendant F.M. sought the removal of references to a dismissed count from docket ent...

McGoff v. Acadia Insurance Co.
Date: September 1, 2011
Citation: 2011 VT 102
Docket Number: 2010-264

Justia Opinion Summary: Plaintiffs Thomas and Margaret McGoff appealed a superior court order that granted Defendant Acadia Insurance Company summary judgment with respect to Plaintiffs’ underinsured motorists (UIM) claim arising from an automo...

State v. Thompson
Date: August 31, 2011
Citation: 2011 VT 98
Docket Number: 2010-045

In re The Estates of Herbert Allen, Edward Allen and Edna Allen
Date: August 19, 2011
Citation: 2011 VT 95
Docket Number: 2010-408

Justia Opinion Summary: This case originated from a quiet-title action by Defendant Richard Rupe and his father, Michael C. Rupe, who laid claim to certain mineral rights by way of adverse possession. Plaintiff Gary Rupe, Richard's brother, sub...

Whippie v. O'Connor
Date: August 15, 2011
Citation: 2011 VT 97
Docket Number: 2010-419

Justia Opinion Summary: This is Defendant Robert O'Connor's second appeal in a partition action brought by his former girlfriend Plaintiff Debra Whippie to resolve the parties' respective interests in a house they held as tenants-in-common. The...

Iannarone v. Limoggio
Date: August 12, 2011
Citation: 2011 VT 91
Docket Number: 2010-054

Justia Opinion Summary: Petitioner Carlema (Limoggio) Iannarone appealed a family court's order that denied her motion to enforce the property division set forth in her and her ex-husband Robert Limoggio's original divorce decree. She contended...

Cote v. Cote
Date: August 12, 2011
Citation: 2011 VT 92
Docket Number: 2010-057

Justia Opinion Summary: Respondent Alan Cote appealed a family court's garnishment order that directed the Social Security Administration to withhold his Social Security benefits to offset alimony arrearages. On appeal, Respondent contended tha...

Vermont v. Herrick
Date: August 12, 2011
Citation: 2011 VT 94
Docket Number: 2010-252

Justia Opinion Summary: Defendant Trevor Herrick was convicted by a jury on second-degree murder charges and sentenced to twenty-two years to life.  Defendant was romantically involved with the victim's wife, and fatally stabbed the victim foll...

McNally v. Dept. of PATH
Date: August 11, 2011
Citation: 2011 VT 93
Docket Number: 2009-450

State v. Jones, Jr.
Date: August 10, 2011
Citation: 2011 VT 90
Docket Number: 2010-024

Bostock v. City of Burlington
Date: August 9, 2011
Citation: 2011 VT 89
Docket Number: 2011-011

Blanchard v. Goodyear Tire & Rubber Co., and Connecticut River Development Corp.
Date: August 5, 2011
Citation: 2011 VT 85
Docket Number: 2010-250

Cheney v. City of Montpelier
Date: August 5, 2011
Citation: 2011 VT 80
Docket Number: 2010-374

In re JLD Properties of St. Albans, LLC
Date: August 5, 2011
Citation: 2011 VT 87
Docket Number: 2010-097

Justia Opinion Summary: This appeal represented "the latest skirmish" in a long-running dispute over plans to develop a Wal-Mart discount retail store on an undeveloped 100-acre parcel of land in the Town of St. Albans. Appellants were interest...

RBS Citizens, N.A. v. Ouhrabka
Date: August 5, 2011
Citation: 2011 VT 86
Docket Number: 2010-415

Justia Opinion Summary: This case was an interlocutory appeal from the trial court's denial of Appellant RBS Citizens, N.A.'s motion for a writ of attachment to Appellee Jan Ouhrabka's property, which Appellee owned jointly with his wife as ten...

State v. Smith
Date: July 28, 2011
Citation: 2011 VT 83
Docket Numbers: 2010-388, 2010-389

Blue v. Dept. of Labor
Date: July 28, 2011
Citation: 2011 VT 84
Docket Number: 2011-051

Justia Opinion Summary: Claimant Katrina Blue appealed an Employment Security Board decision that denied her claim for unemployment compensation benefits.  Claimant contended the Board erred in: (1) finding that she was disqualified from receiv...

Vermont v. Kinney
Date: July 22, 2011
Citation: 2011 VT 74
Docket Number: 2009-265

Justia Opinion Summary: A jury convicted Defendant Jeffrey Kinney of driving while intoxicated and attempting to elude an officer while operating a vehicle.  On appeal, Defendant argued: (1) the trial court erred in admitting defendant’s refusa...

U.S. Bank National Association v. Kimball
Date: July 22, 2011
Citation: 2011 VT 81
Docket Number: 2010-169

Justia Opinion Summary: Plaintiff US Bank National Association appealed a trial court order that granted summary judgment to Defendant Homeowner Christine Kimball and dismissed with prejudice US Bank’s foreclosure complaint for lack of standing...

Crocker v. Crocker
Date: July 18, 2011
Citation: 2011 VT 82
Docket Number: 2011-226

In re Search Warrants
Date: July 18, 2011
Citation: 2011 VT 88
Docket Number: 2011-228

In re Strouse, Esq.
Date: July 15, 2011
Citation: 2011 VT 77
Docket Number: 2010-053

Nordlund v. Van Nostrand
Date: July 15, 2011
Citation: 2011 VT 79
Docket Number: 2010-283

Justia Opinion Summary: Plaintiff Linda Nordlund appealed a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of Defendants Elizabeth Van Nostrand, and Mark and Nancy Van Nostrand for lack of...

In re Rinkers, Inc.
Date: July 13, 2011
Citation: 2011 VT 78
Docket Number: 2010-446

Justia Opinion Summary: At issue in this appeal was whether a 180-foot telecommunications tower in the town of Hardwick would have an undue adverse effect on the aesthetics of the area in violation of Criterion 8 of Act 250.  Neighboring landow...

Hazlett v. Toomin
Date: July 12, 2011
Citation: 2011 VT 73
Docket Number: 2010-274

Justia Opinion Summary: Michael Hazlett (Father) appealed a trial court's award to Michelle Toomin (Mother) of primary legal and physical rights and responsibilities for their daughter.  On appeal he contended that: (1) the court gave insuffici...

In re Times and Seasons, LLC
Date: July 8, 2011
Citation: 2011 VT 76
Docket Number: 2010-154

Justia Opinion Summary: Applicant Times and Seasons, LLC, appealed the Environmental Court's grant of summary judgment to the Natural Resources Board and the corresponding denial of Applicant's "Act 250" permit application to construct and oper...

In re Estate of Alden
Date: July 8, 2011
Citation: 2011 VT 64
Docket Number: 2010-205

Justia Opinion Summary: This case stems from a dispute over the 1973 William C. Alden Trust (the Trust) benefiting the Grantor's second wife Nancy Alden, his two children by Nancy, and his three children from his first marriage. Todd Alden and...

In re Ronald Combs
Date: July 6, 2011
Citation: 2011 VT 75
Docket Number: 2009-422

Justia Opinion Summary: Petitioner Ronald Combs appealed a trial court order that denied his petition for post-conviction relief (PCR) where he alleged ineffective assistance of counsel. Petitioner was initially arrested and charged with murder...

Allen-Pentkowski v. Dept. of Labor
Date: July 6, 2011
Citation: 2011 VT 71
Docket Number: 2010-167

Justia Opinion Summary: Plaintiff Pamela Allen-Pentkowski appealed the Vermont Employment Security Board's (Board) determination that she was discharged from work for actions constituting misconduct, a decision which temporarily disqualified he...

Trombly Plumbing & Heating v. Quinn
Date: July 6, 2011
Citation: 2011 VT 70
Docket Number: 2010-198

Justia Opinion Summary: This case concerns a construction contract dispute between contractor Trombly Plumbing & Heating and homeowners Edward Quinn, Thomas Quinn, and Regina Gority ("Homeowners"). In the summer of 2007, Trombly and the Homeown...

In re Shenandoah LLC
Date: July 1, 2011
Citation: 2011 VT 68
Docket Number: 2009-388

Justia Opinion Summary: Appellants Shenandoah, LLC, David Shlansky, Ting Chang, and other entities and individuals, appealed the Environmental Court's summary judgment decision upholding an "Act 250" jurisdictional opinion. Appellants have a va...

Rheaume v. Pallito
Date: July 1, 2011
Citation: 2011 VT 72
Docket Number: 2010-355

Justia Opinion Summary: Petitioner Allen Rheaume is currently serving a life sentence as a habitual offender. He has forty-eight convictions, five of which either involve sex crimes or have a sexual element. He also has had sixty-three discipli...

Vermont v. Simmons
Date: June 23, 2011
Citation: 2011 VT 69
Docket Number: 2010-066

Justia Opinion Summary: Defendant Graham Simmons appealed a district court's denial of his motion to suppress evidence of a computer and other stolen items discovered in the execution of a search warrant at his residence. Probable cause support...

Mountain View Community School, Inc. v. City of Rutland
Date: June 23, 2011
Citation: 2011 VT 65
Docket Number: 2010-086

Justia Opinion Summary: Mountain View Community School, Inc. appealed a trial court order that rejected its request for a property tax exemption for "lands owned or leased by colleges, academies or other public schools" under state law. Mountai...

In re Tyler Self-Storage Unit Permits
Date: June 23, 2011
Citation: 2011 VT 66
Docket Number: 2010-307

Justia Opinion Summary: A group neighbors (Neighbors-Appellants) in the Town of Dorset appealed an Environmental Court decision that granted Applicant Bradford Tyler’s application for a zoning permit for the construction of a self-storage facil...

In re Macero, Esq.
Date: June 20, 2011
Citation: 2011 VT 67
Docket Number: 2011-152

Vermont v. Boglioli
Date: June 16, 2011
Citation: 2011 VT 60
Docket Number: 2009-410

Justia Opinion Summary: Defendant David Boglioli appealed his conviction for voluntary manslaughter and raised multiple grounds for reversal.  Among them, Defendant alleged he was denied a fair trial when he was precluded from presenting eviden...

Houle v. Ethan Allen, Inc.
Date: June 14, 2011
Citation: 2011 VT 62
Docket Number: 2010-129

Justia Opinion Summary: Employer Ethan Allen, Inc. appealed the Commissioner of the Department of Labor's decision that Claimant Robin Houle's right shoulder condition was compensable under the Workers' Compensation Act.  Claimant experienced p...

In re LeClair
Date: June 13, 2011
Citation: 2011 VT 63
Docket Number: 2010-244

Justia Opinion Summary: In this complaint for review of governmental action under Vermont Rules of Civil Procedure 75, Plaintiff-inmate Brian LeClair appealed a superior court's refusal to order the Department of Corrections to give him double...

In re Guite
Date: June 10, 2011
Citation: 2011 VT 58
Docket Number: 2010-239

Justia Opinion Summary: This case concerned the use of a hilltop cemetery on a farm in Hartland, Vermont. The petitioner, Harold Guite, now owns the farm property. He claimed that the cemetery plot was owned by heirs of the Aldrich family, who...

In re Estate of Lovell
Date: June 10, 2011
Citation: 2011 VT 61
Docket Number: 2010-285

Justia Opinion Summary: Defendants Charles and Hubert Lovell appealed a grant of summary judgment to Plaintiff Duane Amsden. In 1997, Phillip Lovell, father of Charles and Hubert, executed a will appointing Charles and his stepson Duane as co-e...

Vermont v. Sommer
Date: May 27, 2011
Citation: 2011 VT 59
Docket Number: 2009-417

Justia Opinion Summary: Defendant Gregory Sommer unsuccessfully appealed the sentence he received by trial court. On appeal to the Supreme Court, Defendant argued that he was entitled to credit for time he spent in jail while waiting for the tr...

Vermont v. Charbonneau
Date: May 27, 2011
Citation: 2011 VT 57
Docket Number: 2010-061

Justia Opinion Summary: Defendant Edward Charbonneau unsuccessfully challenged his conviction on simple assault. On appeal to the Supreme Court, Defendant argued that the trial court erred by denying him a new trial over evidence that was not a...

In re Estate of Orville Tucker
Date: May 20, 2011
Citation: 2011 VT 54
Docket Number: 2009-438

Justia Opinion Summary: Appellant, Testator Orville Tucker's daughter, sought to reverse a trial court judgment that declined to admit Testator's purported last will and testament to probate.  This judgment followed a trial by jury, which rende...

Southwick v. City of Rutland
Date: May 20, 2011
Citation: 2011 VT 53
Docket Number: 2010-128

Justia Opinion Summary: This case stemmed from a contract between the City of Rutland and the Vermont Swim Association (VSA). The City granted VSA use of a City facility for a swim meet. A child attending the swim meet was injured when she fell...

Smalley v. Stowe Mountain Club, LLC
Date: May 20, 2011
Citation: 2011 VT 51
Docket Number: 2010-204

Justia Opinion Summary: Defendant Stowe Mountain Club, LLC (SMC) appealed a judgment in favor of Plaintiff David Smalley. SMC and Mr. Smalley were neighbors. The trial court found that portions of a golf course built and operated by SMC violate...

Vermont v. Faham
Date: May 18, 2011
Citation: 2010 VT 55
Docket Numbers: 2009-290, 2009-312

Justia Opinion Summary: Defendant Isaac Faham appealed his conviction of attempted sexual assault after a jury trial. On appeal, Defendant made two arguments: (1) the State’s evidence was insufficient to prove beyond a reasonable doubt that he...

Vermont v. de Macedo Soares
Date: May 17, 2011
Citation: 2011 VT 56
Docket Number: 2010-241

Justia Opinion Summary: On the afternoon of June 5, 2009, Defendant Theodore de Macedo Soares was stopped on Interstate 91 and issued a citation for speeding.  The citation stated that Defendant was traveling eighty miles per hour in a sixty-fi...

Tibbetts v. Michaelides
Date: May 16, 2011
Citation: 2011 VT 52
Docket Number: 2010-349

Justia Opinion Summary: In this dispute between neighboring landowners, Defendants-Neighbors Demetrios and Alexandria Michaelides and Erwin and Ramona Waibel appealed a superior court order that rejected their claim that Plaintiff Jonathan Tib...

Herring v. Herring
Date: May 5, 2011
Citation: 2011 VT 38
Docket Number: 2010-017

Justia Opinion Summary: Husband Lee Herring appealed the family court’s denial of his motion to terminate spousal maintenance to his ex-wife Kimberly Herring. Eight months after the order of divorce maintenance was entered, Mr. Herring was foun...

Vermont v. Lampman
Date: May 2, 2011
Citation: 2011 VT 50
Docket Number: 2009-304

Justia Opinion Summary: This case arose out of relationships among three women: the victim, "Amy", and Defendant Lisa Lampman.  Amy and the victim were romantically involved for two and a half years.  After that relationship ended, Amy moved in...

Ketchum v. Town of Dorset
Date: April 29, 2011
Citation: 2011 VT 49
Docket Number: 2010-165

Justia Opinion Summary: Plaintiffs Lisa and Thomas Ketchum as trustees for the Saddlebrook Farm and North Farm Trusts appealed the Town of Dorset's decision to reclassify a town road from a class 3 to a class 4 highway.  Plaintiffs argued that...

Price v. Town of Fairlee
Date: April 29, 2011
Citation: 2011 VT 48
Docket Number: 2010-125

Justia Opinion Summary: In 2008, Plaintiff Timothy Price filed a pro se complaint in the Superior Court seeking access to the ballots and tally sheets from the November, 2006 election from the town clerk “before they are in any way tampered wit...

Vermont v. Myers
Date: April 22, 2011
Citation: 2011 VT 43
Docket Number: 2009-355

Justia Opinion Summary: Defendant Michael Myers appealed a jury verdict that found him guilty of seven charges all resulting from a drunken altercation in which he drove his truck around the complaining witness’ lawn, into the witness’ home, an...

Trinder v. Connecticut Attorneys Title Insurance Co.
Date: April 22, 2011
Citation: 2011 VT 46
Docket Number: 2010-271

Justia Opinion Summary: Homeowners Kenneth and Larissa Trinder filed a declaratory judgment action to establish Defendant Connecticut Attorneys Title Insurance Company’s (Company) obligation to defend or indemnify them regarding an encroachment...

Lenoci v. Leonard
Date: April 21, 2011
Citation: 2011 VT 47
Docket Number: 2010-163

Justia Opinion Summary: The issue at the heart of this appeal asked the Supreme Court Court to decide if an eighteen-year-old has a duty to control the behavior of a fifteen-year-old friend and, if the fifteen-year-old later commits suicide, wh...

Downtown Barre Development v. GU Markets of Barre, LLC
Date: April 20, 2011
Citation: 2011 VT 45
Docket Number: 2010-035

Justia Opinion Summary: Landlord Downtown Barre Development appealed a trial court's denial of its request for declaratory relief. Landlord argued that Tenant GU Markets of Barre, LLC established a corporate structure that entitled it to termin...

State v. Rounds
Date: April 15, 2011
Citation: 2011 VT 39
Docket Number: 2009-418

In re Melvin Fink
Date: April 15, 2011
Citation: 2011 VT 42
Docket Number: 2010-164

Vermont v. Russell
Date: April 11, 2011
Citation: 2011 VT 36
Docket Number: 2009-232

Justia Opinion Summary: Defendant Elliott Russell appealed his jury conviction for aggravated assault, arguing: (1) it was an error to admit certain correspondence he sent while incarcerated because its content was irrelevant and prejudicial; (...

State v. Sheperd
Date: April 11, 2011
Citation: 2011 VT 44
Docket Number: 2010-336

State v. Erwin
Date: April 7, 2011
Citation: 2011 VT 41
Docket Number: 2009-309

Lang McLaughry Real Estate LLC v. Hinsdale
Date: April 7, 2011
Citation: 2011 VT 29
Docket Number: 2010-103

Sullivan v. Stear
Date: April 7, 2011
Citation: 2011 VT 37
Docket Number: 2010-176

Stephens III v. Applejack Art Partners, Inc.
Date: April 5, 2011
Citation: 2011 VT 40
Docket Number: 2010-089

Justia Opinion Summary: Defendant Applejack Art Partners, Inc., appealed a trial court enforcing an arbitration award and entered judgment in Plaintiff Albert Stephens, III's favor for $1,538,164.50 plus interest. Plaintiff began working with t...

In re Neisner, Jr.
Date: April 5, 2011
Citation: 2011 VT 35
Docket Number: 2011-127

Vermont v. Sanville
Date: March 29, 2011
Citation: 2011 VT 34
Docket Number: 2009-360

Justia Opinion Summary: The question before the Court in this case was what style of civil discourse may constitute "threatening behavior."  Defendant Jason Sanville appealed a trial court's revocation of his probation for violating a condition...

Piper v. Dept. of Labor
Date: March 18, 2011
Citation: 2011 VT 32
Docket Number: 2010-120

Louko v. McDonald
Date: March 18, 2011
Citation: 2011 VT 33
Docket Number: 2010-238

Chase v. Agency of Human Services, et al.
Date: March 8, 2011
Citation: 2011 VT 31
Docket Numbers: 2010-122, 2011-188

In re K.M.M.
Date: March 4, 2011
Citation: 2011 VT 30
Docket Number: 2010-145

Coutu v. Town of Cavendish, Vermont Transportation Board and Vermont Agency of Transportation
Date: February 25, 2011
Citation: 2011 VT 27
Docket Number: 2010-153

In re Jean Brett
Date: February 25, 2011
Citation: 2011 VT 28
Docket Number: 2010-201

Yustin v. Dept.of Public Safety
Date: February 23, 2011
Citation: 2011 VT 20
Docket Number: 2009-294

In re Soon Kwon
Date: February 23, 2011
Citation: 2011 VT 26
Docket Number: 2009-366

State v. Connor
Date: February 22, 2011
Citation: 2011 VT 23
Docket Number: 2009-269

State v. Albarelli
Date: February 18, 2011
Citation: 2011 VT 24
Docket Number: 2009-191

Samis v. Samis
Date: February 18, 2011
Citation: 2011 VT 21
Docket Number: 2010-031

State v. Memoli
Date: February 10, 2011
Citation: 2011 VT 15
Docket Number: 2009-349

In re Hodgdon
Date: February 10, 2011
Citation: 2011 VT 19
Docket Number: 2010-001

Weiler v. Hooshiari
Date: February 10, 2011
Citation: 2011 VT 16
Docket Number: 2010-003

State v. Koons, Jr.
Date: February 10, 2011
Citation: 2011 VT 22
Docket Number: 2010-079

State v. Stamper
Date: February 7, 2011
Citation: 2011 VT 18
Docket Number: 2009-391

State v. Rooney
Date: February 4, 2011
Citation: 2011 VT 14
Docket Number: 2008-470

Zorn v. Smith
Date: February 4, 2011
Citation: 2011 VT 10
Docket Number: 2009-035

Anderson and Anderson v. Johnson, Schoenberg, et al.
Date: January 31, 2011
Citation: 2011 VT 17
Docket Number: 2009-102

Arnold v. Palmer and Shea
Date: January 31, 2011
Citation: 2011 VT 8
Docket Number: 2009-430

Kelly-Whitney v. Kelly-Whitney
Date: January 31, 2011
Citation: 2011 VT 12
Docket Number: 2010-075

State v. Rutter
Date: January 31, 2011
Citation: 2011 VT 13
Docket Number: 2010-092

In re M.A.
Date: January 28, 2011
Citation: 2011 VT 9
Docket Number: 2009-081

State v. Barron
Date: January 28, 2011
Citation: 2011 VT 2
Docket Number: 2009-225

Campbell v. Stafford and Fletcher Allen Health Care, Inc.
Date: January 27, 2011
Citation: 2011 VT 11
Docket Number: 2010-110

In re Barry (Clyde's Place) NOV
Date: January 21, 2011
Citation: 2011 VT 7
Docket Number: 2010-013

State v. Miles
Date: January 20, 2011
Citation: 2011 VT 6
Docket Number: 2009-435

State v. Hoch
Date: January 14, 2011
Citation: 2011 VT 4
Docket Number: 2009-186

State v. Quist
Date: January 14, 2011
Citation: 2011 VT 5
Docket Number: 2009-414

Mahoney, et al. v. Tara, LLC
Date: January 12, 2011
Citation: 2011 VT 3
Docket Number: 2009-433

In re Laberge Moto-Cross Track
Date: January 6, 2011
Citation: 2011 VT 1
Docket Number: 2009-426

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