Vermont Supreme Court Decisions 2015

Vermont Human Rights Comm'n v. Vermont  
Date: December 24, 2015
Docket Number: 2015 VT 138

Justia Opinion Summary: The Vermont Human Rights Commission and three female employees of the Vermont Department of Corrections (DOC) filed suit against the State (the DOC and the Vermont Department of Human Resources (DHR)) claiming that the D...

State v. Joshua Blow
Date: December 21, 2015
Docket Number: 2015 VT 143
Panagiotidis v. Galanis  
Date: December 18, 2015
Docket Number: 2015 VT 134

Justia Opinion Summary: Plaintiffs owned a building, with a mortgage, in Hartford, Vermont, where they operated a pizza business. In 2013, they sold the pizza business to defendant and leased him the premises. In November 2013, plaintiffs broug...

Whitney v. Vermont Mutual Insurance Company  
Date: December 11, 2015
Docket Number: 2015 VT 140

Justia Opinion Summary: Plaintiffs Neil and Patricia Whitney asserted that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos was covered by their homeowners policy. Def...

Vermont v. Goewey  
Date: December 11, 2015
Docket Number: 2015 VT 142

Justia Opinion Summary: In 2013, defendant Peter Goewey, then age sixty-one, pleaded guilty to one count of aggravated sexual assault for repeatedly performing oral sex on a young man. At a contested sentencing hearing, defendant was sentenced...

In re Christopher Sullivan, Esq.
Date: November 24, 2015
Docket Number: 2015 VT 141
In re Petition of VTel Wireless Inc. for a Certificate of Public Good  
Date: November 20, 2015
Docket Number: 2015 VT 135

Justia Opinion Summary: Appellants Susan Beal and David Pearson appealed a Public Service Board decision to grant a certificate for public good (CPG) for the installation of a telecommunications facility by VTel Wireless, Inc. in Bennington. Ap...

AIG Insurance Management Services, Inc. v. Vermont Department of Taxes  
Date: November 20, 2015
Docket Number: 2015 VT 137

Justia Opinion Summary: The issue this case presented for the Vermont Supreme Court's review centered on whether Mount Mansfield Company, Inc. (MMC) had unitary operations with AIG Insurance Management Services, Inc. (AIG) such that AIG was req...

Weinstein v. Leonard  
Date: November 13, 2015
Docket Number: 2015 VT 075

Justia Opinion Summary: Defendants-counterclaimants Jeanmarie Leonard and Carol Sayour appealed the grant of summary judgment on their counterclaims in favor of plaintiff Jennifer Weinstein and third-party defendants, Lloyd Weinstein, plaintiff...

Vermont v. Gotavaskas  
Date: November 13, 2015
Docket Number: 2015 VT 133

Justia Opinion Summary: The State appealed Superior Court decisions to seal certain portions of competency reports prepared in connection with court ordered competency evaluations of Anthony Gotavaskas and Grant Bercik, defendants in two separa...

State v. Zahariah Theodorou
Date: October 27, 2015
Docket Number: 2015 VT 139
Terry v. O'Brien  
Date: October 23, 2015
Docket Number: 2015 VT 132

Justia Opinion Summary: Defendant-landlords appealed a jury verdict and post-judgment order involving warranty-of-habitability and consumer-protection claims. Landlords William and Susan O’Brien purchased the subject property in the 1980s, whic...

Felis v. Downs Rachlin Martin, PLLC  
Date: October 16, 2015
Docket Number: 2015 VT 129

Justia Opinion Summary: This case arose from a divorce proceeding between plaintiff Kenneth Felis and his former wife, Vicki. Defendant Downs Rachlin Martin, PLLC (DRM) represented Vicki Felis in the divorce proceeding, and defendant Gallagher,...

In re Application of Beach Properties, Inc. d/b/a Basin Harbor Club  
Date: October 16, 2015
Docket Number: 2015 VT 130

Justia Opinion Summary: Mary McGuire and Douglas Grover separately appeal from orders of the Public Service Board granting Basin Harbor Club (BHC) a certificate of public good for the installation of a photovoltaic net metering system, and deny...

Everbank v. Marini  
Date: October 16, 2015
Docket Number: 2015 VT 131

Justia Opinion Summary: This appeal stemmed from a superior court decision to grant summary judgment in favor of defendant Caroline Marini on plaintiff EverBank’s complaint for foreclosure on a mortgage that Caroline signed in 2009 together wit...

Tillson v. Lane  
Date: October 9, 2015
Docket Number: 2015 VT 121

Justia Opinion Summary: Plaintiff Dow Tillson underwent an elective procedure to remove a cataract in his left eye. Defendant Dr. Richard Lane, M.D., performed the procedure at Springfield Hospital. Plaintiffs alleged in their amended complaint...

In re Bove Demolition/Construction Application  
Date: October 9, 2015
Docket Number: 2015 VT 123

Justia Opinion Summary: A decision of the Environmental Division came to the Vermont Supreme Court on interlocutory appeal. Applicants, Richard J. Bove, Sr. and Rick Bove, applied to the City of Burlington Development Review Board (DRB) to cons...

In re M.M. and C.M.  
Date: October 2, 2015
Docket Number: 2015 VT 122

Justia Opinion Summary: M.M. was born in September 2006; C.M. was born on June 25, 2014. The Department for Children and Families (DCF) began working with mother in June 2012. On June 25, 2014, DCF filed a petition alleging that M.M. and C.M. w...

Vermont v. Manning  
Date: October 2, 2015
Docket Number: 2015 VT 124

Justia Opinion Summary: Defendant Eric Manning was charged with possession of cocaine following a traffic stop. He moved to suppress the evidence obtained during the investigative detention, arguing that it was the result of an unlawful search...

Labate v. Rutland Hospital, Inc.  
Date: October 2, 2015
Docket Number: 2015 VT 128

Justia Opinion Summary: At issue in this appeal was a jury verdict rendered in favor of Rutland Hospital, Inc., d/b/a Rutland Regional Medical Center, and related entities (“RRMC”) and Dr. Santiago Cancio-Bello arising from injuries due to clai...

State v. Evan P. Ford
Date: September 29, 2015
Docket Number: 2015 VT 127
Simendinger v. Simendinger  
Date: September 18, 2015
Docket Number: 2015 VT 118

Justia Opinion Summary: The estate of husband, William E. Simendinger, appealed an injunction order by the Superior Court that encumbered all real property held by the estate. Husband's estate also challenged the family court's award of attorne...

In re M.O.  
Date: September 18, 2015
Docket Number: 2015 VT 120

Justia Opinion Summary: M.O. was born on December 14, 2014. Mother was twenty-one years old at the time; father was thirty-four. On December 17, 2014, the Department for Children and Families (DCF) filed a petition alleging that M.O. was child...

McKinstry v. Fecteau Residential Homes, Inc.  
Date: September 18, 2015
Docket Number: 2015 VT 125

Justia Opinion Summary: Fecteau Residential Homes, Inc. (seller) was in the business of selling manufactured modular homes. In early November of 2010, Janet and Mark McKinstry (buyers) entered into a written contract with seller for the purchas...

Vermont v. Richland  
Date: September 18, 2015
Docket Number: 2015 VT 126

Justia Opinion Summary: Defendant Kent Richland was convicted by jury and sentenced to probation for enabling the consumption of alcohol by a minor. In 2013, defendant received a text message from a sixteen-year-old minor asking defendant to pu...

Bandler v. Cohen Rosenthal & Kramer, LLP  
Date: September 11, 2015
Docket Number: 2015 VT 115

Justia Opinion Summary: Plaintiffs Michael Bandler and MB&Co, Ltd. ("corporation") filed an interlocutory appeal of the trial court's ruling that Bandler, a non-attorney, could not represent corporation in this case. Bandler was the sole share...

Vermont v. Stanley  
Date: September 11, 2015
Docket Number: 2015 VT 117

Justia Opinion Summary: Defendant William Stanley, Sr., appealed his conviction of sexual assault. On appeal, defendant argued that the trial court: (1) erroneously permitted the trial and sentencing to proceed in his absence; (2) erroneously p...

Moran v. Vermont State Retirement Board  
Date: September 11, 2015
Docket Number: 2015 VT 119

Justia Opinion Summary: Claimant Roxanne Moran appealed a superior court's dismissal of her complaint for lack of jurisdiction. Claimant, a former employee of the Vermont State Hospital, separated from state service and applied for ordinary dis...

Vermont v. Putnam  
Date: September 4, 2015
Docket Number: 2015 VT 113

Justia Opinion Summary: Defendant was convicted by jury of disorderly conduct and grossly negligent operation. He argued on appeal that the evidence was insufficient to support his conviction. Defendant also challenged various conditions of pro...

Vermont v. Winters  
Date: September 4, 2015
Docket Number: 2015 VT 116

Justia Opinion Summary: Defendant appealed his conditional guilty plea to possession of cocaine, challenging the trial court's denial of his motion to suppress. Defendant argued that he was illegally seized when a police officer approached his...

In re A.M.  
Date: August 28, 2015
Docket Number: 2015 VT 109

Justia Opinion Summary: A.M. was born in October 2011 to parents who admitted to their struggle with substance abuse. A.M. was taken into emergency DCF custody in June 2013. In its petition alleging that A.M. was a child in need of care or supe...

Vermont v. Tracy  
Date: August 28, 2015
Docket Number: 2015 VT 111

Justia Opinion Summary: Defendant David Tracy's daughter was one of fifteen girls on a junior high school girls’ basketball team. The basketball coach did not play defendant’s daughter in the first two games of the season. Shortly after the end...

LeBlanc v. Snelgrove  
Date: August 28, 2015
Docket Number: 2015 VT 112

Justia Opinion Summary: Two disputes were presented for the Vermont Supreme Court's review in this opinion. One dispute stemmed from a landowner’s replacement of his boathouse and construction of retaining walls that encroached onto his neighbo...

State v. James Cushing
Date: August 25, 2015
Docket Number: 2015 VT 114
Vanderbloom v. Vermont Agency of Transportation  
Date: August 21, 2015
Docket Number: 2015 VT 103

Justia Opinion Summary: On an afternoon in February 2009, two cars collided on State Route 63 in the Town of Berlin. The westbound car crossed the center line and crashed into plaintiff Kathleen Vanderbloom's car, which was heading east. The dr...

In re Champlain Parkway Act 250 Permit (Fortieth Burlington LLC, Appellant)  
Date: August 21, 2015
Docket Number: 2015 VT 105

Justia Opinion Summary: The City of Burlington and the Vermont Agency of Transportation (AOT) applied for an Act 250 permit amendment to complete a project known as the "Champlain Parkway," a roadway designed to route traffic more efficiently f...

Burch-Clay v. Taylor  
Date: August 21, 2015
Docket Number: 2015 VT 110

Justia Opinion Summary: In 2011, the Board hired plaintiff Juanita Burch-Clay as principal of West Rutland School with a two-year contract beginning July 1, 2011. Plaintiff’s contract authorized the Board to not renew her contract by providing...

Vermont v. Perley  
Date: August 14, 2015
Docket Number: 2015 VT 102

Justia Opinion Summary: Defendant Timothy Perley was charged with numerous crimes in March 2013, including: leaving the scene of an accident; violating conditions of release; operating with a suspended license driving under the influence (DUI),...

Vermont v. Taylor  
Date: August 14, 2015
Docket Number: 2015 VT 104

Justia Opinion Summary: In July 2014, defendant Kelly Taylor was stopped by a police officer in Lyndonville on suspicion of driving under the influence of alcohol (DUI). At the stop, defendant submitted to a preliminary breath test showing an a...

In re Cherie Hyde  
Date: August 14, 2015
Docket Number: 2015 VT 106

Justia Opinion Summary: Petitioner Cherie Hyde brought an action for post-conviction relief (PCR), challenging her felony conviction and sentence for aiding another as an accessory to commit sexual assault on a child under the age of sixteen. S...

In re Derrick Brown  
Date: August 14, 2015
Docket Number: 2015 VT 107

Justia Opinion Summary: Petitioner Derrick Brown petitioned for post-conviction relief following the superior court's grant of summary judgment to the State based on a determination that the criminal court complied with Vermont Rule of Criminal...

Gauthier v. Keurig Green Mountain  
Date: August 14, 2015
Docket Number: 2015 VT 108

Justia Opinion Summary: David Gauthier began work at Green Mountain in May 2007 on an at-will basis as a full-time maintenance technician and was responsible for maintaining and repairing production machinery. In response to a request by Gauthi...

Vermont v. Pratt  
Date: August 14, 2015
Docket Number: 2015 VT 89

Justia Opinion Summary: Defendant was charged with aggravated sexual assault of a minor under the age of thirteen. Defendant was the victim's uncle. After the incident, T.B. left the house and waited in the farm store across the street from her...

In re PRB Docket No. 2015.002
Date: August 11, 2015
Docket Number: 2015 VT 101
In re R.B., O.B. and K.C.  
Date: August 7, 2015
Docket Number: 2015 VT 100

Justia Opinion Summary: R.B. was born in September 2008; O.B. in December 2009; and K.C. in September 2011. In August 2012, the Department for Children and Families (DCF) filed a petition alleging that the children were in need of care or super...

Equinox on the Battenkill Management Assn., Inc. v. Philadelphia Indemnity Ins. Co.  
Date: August 7, 2015
Docket Number: 2015 VT 98

Justia Opinion Summary: Equinox on the Battenkill Management Association, Inc., appealed a superior court's grant of summary-judgment denying insurance coverage. The appeal arose from a declaratory judgment action against management association...

Vermont v. Aiken  
Date: August 7, 2015
Docket Number: 2015 VT 99

Justia Opinion Summary: Defendant Paul Aiken appealed a superior court order denying his motion to suppress his refusal to submit to an evidentiary breath test on grounds that he was denied his right to counsel. Defendant admitted to consuming...

State v. Salahdin Trowell
Date: July 24, 2015
Docket Number: 2015 VT 96
State v. David Wisowaty
Date: July 24, 2015
Docket Number: 2015 VT 97
State v. Scott Provost
Date: July 17, 2015
Docket Number: 2014 VT 86A
In re J.M., Juvenile
Date: July 17, 2015
Docket Number: 2015 VT 94
In re Stephanie H. Taylor, M.D.
Date: July 17, 2015
Docket Number: 2015 VT 95
Vermont v. Lucas  
Date: July 10, 2015
Citation: 2015 VT 92
Docket Number: 2014-047

Justia Opinion Summary: Defendant Jeremy Lucas appealed a trial-court order finding him in violation of a probation condition (imposed as part of a deferred-sentencing agreement) requiring prior approval from a probation officer before he chang...

Arapaho Owners Association, Inc. v. Alpert  
Date: July 10, 2015
Citation: 2015 VT 93
Docket Number: 2014-120

Justia Opinion Summary: The Board of Directors of the Arapaho Owners Association ("BOD," appellant) petitioned for a declaratory judgment seeking to reform the condominium's declaration to reflect the actual number of condominium units built an...

Vermont v. Cavett  
Date: July 2, 2015
Citation: 2015 VT 91
Docket Number: 2014-124

Justia Opinion Summary: Defendant appealed a superior court decision that concluded he violated the condition of his probation requiring him to complete the Vermont Treatment Program for Sexual Abusers (VTPSA). The court found that defendant fa...

In re Zaremba Group Act 250 Permit
Date: June 26, 2015
Docket Number: 2014-162
In re Zaremba Group Act 250 Permit  
Date: June 26, 2015
Citation: 2015 VT 88
Docket Number: 2014-162

Justia Opinion Summary: Zaremba Group was the owner of the 10.08-acre plot of land in question in this case. The proposed building site lies within the floodway of Lovers Lane Brook. The Project, the building of a Dollar General store, would re...

Frazer v. Olson  
Date: June 26, 2015
Citation: 2015 VT 84
Docket Number: 2014-205

Justia Opinion Summary: Mother appealed the parent-child contact and property division orders in a final divorce decree that assign her sole parental rights and responsibilities with regard to the parties' children. On appeal, she argued that t...

Vermont v. Eldert  
Date: June 19, 2015
Citation: 2015 VT 87
Docket Number: 2014-141

Justia Opinion Summary: Defendant Stephen L. Eldert appealed the revocation of his probation resulting from a violation of a probation condition that he not purchase, possess, or consume alcohol. After review, the Supreme Court concluded that t...

Bradford's Trucking, Inc. v. Department of Labor
Date: June 19, 2015
Docket Number: 2014-230
Bradford's Trucking, Inc. v. Department of Labor  
Date: June 19, 2015
Citation: 2015 VT 85
Docket Number: 2014-230

Justia Opinion Summary: Employer Bradford's Trucking, Inc. appealed an Employment Security Board ruling that certain individuals were employees of the company for purposes of assessing unemployment taxes. Eileen Bradford has worked for employer...

Hallsmith v. City of Montpelier  
Date: June 19, 2015
Citation: 2015 VT 83
Docket Number: 2014-346

Justia Opinion Summary: Gwendolyn Hallsmith was the planning and community development director for the City of Montpelier. Her employment was protected by a "justifiable cause" provision in the City's personnel plan. In November 2013, City Man...

Alvarez v. Katz and Berger
Date: June 19, 2015
Docket Number: 2014-385
Alvarez v. Katz  
Date: June 19, 2015
Citation: 2015 VT 86
Docket Number: 2014-385

Justia Opinion Summary: This was a case of protracted litigation between neighbors over a maple tree. The maple tree in question was about sixty-five years old and stood about sixty-five feet tall. The trunk or stem of the tree was located enti...

Glassford v. Dufresne & Associates, P.C.  
Date: June 12, 2015
Citation: 2015 VT 77
Docket Number: 2014-194

Justia Opinion Summary: Plaintiffs Heidi and James Glassford appealed a superior court decision denying their motion for summary judgment and granting it to defendant Dufresne & Associates, P.C. on plaintiffs' claims of negligent misrepresentat...

LaMothe v. LeBlanc  
Date: June 12, 2015
Citation: 2015 VT 78
Docket Number: 2014-227

Justia Opinion Summary: In this parentage action, the family court, in a 2006 order based on the parties' stipulation, assigned physical rights and responsibilities to mother and ordered father to pay mother $175 per month in child support. Bec...

Vermont v. Mottolese  
Date: June 12, 2015
Citation: 2015 VT 81
Docket Number: 2014-245

Justia Opinion Summary: Appellant Allstate Bail Bonds ("Allstate") challenged the trial court's decision to grant the State's motion for forfeiture of bond. Defendant was arraigned for grand larceny and possession of stolen property. Two days l...

Vermont v. Galanes  
Date: June 12, 2015
Citation: 2015 VT 80
Docket Number: 2014-351

Justia Opinion Summary: Defendant John Galanes appealed a superior court order that concluded he violated certain conditions of his probation, notably, the condition that required him to notify his probation officer if he was planning to begin...

Gosbee v. Gosbee  
Date: June 12, 2015
Citation: 2015 VT 82
Docket Number: 2014-383

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on Vermont's statutory residency requirement for filing a divorce action. Husband Dain Gosbee filed for divorce in 2013. His wife Christina was living...

Vermont v. Delisle  
Date: May 29, 2015
Citation: 2015 VT 76
Docket Number: 2014-112

Justia Opinion Summary: Defendant was charged with burglary and aggravated assault arising from an August 2012 incident in which he and a co-defendant entered a home in the Town of Enosburg, assaulted a resident, and stole prescription drugs. D...

Stratton Corp. v. Engelberth Construction, Inc.  
Date: May 29, 2015
Citation: 2015 VT 75
Docket Number: 2014-239

Justia Opinion Summary: This appeal stemmed from a condominium construction project in Stratton. Owner-developer The Stratton Corporation and Intrawest Stratton Development Corporation (collectively "Stratton") sued the project's general contr...

Rathbone v. Corse  
Date: May 22, 2015
Citation: 2015 VT 73
Docket Number: 2014-104

Justia Opinion Summary: In a September 2013 order that disposed of father's motion to modify his child-support obligation, a magistrate found that father paid child support while mother also received a social security disability insurance (SSDI...

Vermont v. Alers  
Date: May 22, 2015
Citation: 2015 VT 74
Docket Number: 2014-145

Justia Opinion Summary: Defendant Lawrence Alers was convicted by jury of simple assault. He appealed, arguing: (1) that the trial court's admission of a particular out-of-court statement under the "excited utterance" exception to the hearsay r...

Merchant v. Merchant  
Date: May 15, 2015
Citation: 2015 VT 72
Docket Number: 2014-057

Justia Opinion Summary: Father Eric Merchant and mother Sheila Merchant married in 2000. They subsequently had two children. The parties separated in 2008, and in August 2009 the superior court issued a stipulated final divorce order providing...

Post & Beam Equity Group, LLC v. Sunne Village Development Property Owners Ass'n  
Date: May 15, 2015
Citation: 2015 VT 60
Docket Number: 2014-098

Justia Opinion Summary: At issue in this case was a dispute between a residential subdivision property owners' association and the owner of commercial property both in and adjacent to the subdivision over access to property over a subdivision r...

Falanga v. Boylan  
Date: May 15, 2015
Citation: 2015 VT 71
Docket Number: 2014-159

Justia Opinion Summary: For eight or nine months following the birth of their son, the parties involved in this dispute lived together in an apartment connected to the home of the child's maternal grandfather in Springfield. In the fall of 2012...

Patnode v. Urette  
Date: May 8, 2015
Citation: 2015 VT 70
Docket Number: 2014-268

Justia Opinion Summary: The parties in this case were arguing over child support. Parents to a daughter born in 2006, the mother argued that the family court erred in calculating the amount of the father's income for purposes of determining his...

Stratton Corp. v. Engleberth Construction, Inc.  
Date: May 1, 2015
Citation: 2015 VT 69
Docket Number: 2013-336

Justia Opinion Summary: Owner and developer, Stratton Corporation and Intrawest Stratton Development Corporation, sued a condominium construction project's general contractor Engelberth Construction, Inc., who in turn filed a third-party claim...

Vermont v. Madigan  
Date: April 17, 2015
Citation: 2015 VT 59
Docket Number: 2013-242

Justia Opinion Summary: Defendant Charles (Hank) Madigan appealed his conviction on three counts of lewd and lascivious behavior with a child. The charges related to three incidents which the victim, A.R., described in her testimony. On appeal,...

MacCormack v. MacCormack  
Date: April 17, 2015
Citation: 2015 VT 64
Docket Number: 2013-390

Justia Opinion Summary: Father appealed the trial court's award of sole legal and physical parental rights and responsibilities to mother. He also appealed the court's calculation and division of marital assets, challenging the application of a...

Citimortgage, Inc. v. Dusablon & Horizon Heights Cond. Ass'n.  
Date: April 17, 2015
Citation: 2015 VT 68
Docket Number: 2014-012

Justia Opinion Summary: Appellant Horizon Heights Condominium Association sought to recover from joint condominium owners Ronald and Joan Dusablon the monthly dues that accrued after the Dusablons redeemed their foreclosed-upon condominium. The...

Hemond v. Frontier Communications  
Date: April 17, 2015
Citation: 2015 VT 66
Docket Number: 2014-116

Justia Opinion Summary: This case stemmed from an indemnity dispute between two defendants in a suit arising after plaintiff Michael Hemond suffered a tragic electrocution injury while working on an electrical switch. Defendant Frontier Communi...

In re Appeal of MDY Taxes, Inc., & Village Car Wash, Inc.  
Date: April 17, 2015
Citation: 2015 VT 65
Docket Number: 2014-140

Justia Opinion Summary: This appeal arose out of a decision by the Town of Middlebury Development Review Board (DRB) to approve appellee Jolley Associates, LLC's application for a Planned Unit Development (PUD) to add a car wash to an existing...

Hemond v. Frontier Communications  
Date: April 17, 2015
Citation: 2015 VT 67
Docket Number: 2014-236

Justia Opinion Summary: This case stemmed from an indemnity dispute between two defendants in a suit arising after plaintiff Michael Hemond suffered a tragic electrocution injury while working on an electrical switch. Defendant Frontier Communi...

In re K.R.  
Date: April 10, 2015
Citation: 2015 VT 58
Docket Number: 2013-407

Justia Opinion Summary: In February 2004, the Department for Children and Families (DCF) determined that petitioner K.R. placed her son T.F. at risk of harm, and it included her name on the Child Protection Registry. This determination followed...

Vermont v. Vezina  
Date: April 10, 2015
Citation: 2015 VT 56
Docket Number: 2014-021

Justia Opinion Summary: In 2013, defendant Robert Vezina pleaded guilty to one count of petit larceny in connection with the theft of seven pieces of musical equipment in July 2012. Defendant's sentence included a restitution order. The items t...

In re T.S.S.  
Date: April 10, 2015
Citation: 2015 VT 55
Docket Number: 2014-206

Justia Opinion Summary: Respondent T.S.S. appealed a Superior Court decision granting the commissioner of the Department of Mental Health's application for a continued order of non-hospitalization (ONH) compelling T.S.S. to continue undergoing...

B & C Management Vermont, Inc. v. John, Ringey and Beck
Date: April 10, 2015
Docket Number: 2014-224
B&C Management Vermont, Inc. v. John, Ringey & Beck  
Date: April 10, 2015
Citation: 2015 VT 61
Docket Number: 2014-224

Justia Opinion Summary: Tenant was the successor lessee to a thirty-year lease on a commercial property in Brattleboro. The lease was executed in 1987. The lease established a basic annual rent of $26,500 in paragraph 8, and then set forth how...

In re PRB Docket No. 2014-133
Date: April 9, 2015
Citation: 2015 VT 63
Docket Number: 2014-378
In re PRB Docket No. 2012-155
Date: April 3, 2015
Citation: 2015 VT 57
Docket Number: 2014-082
Cincinnati Specialty Underwriters Ins. Co. v. Energy Wise Homes, Inc.  
Date: April 3, 2015
Citation: 2015 VT 52
Docket Number: 2014-165

Justia Opinion Summary: Insurer Cincinnati Specialty Underwriters Insurance Company appealed a trial court's order granting summary judgment to defendants Energy Wise, Inc. and Michael and Shirley Uhler in this declaratory-judgment action. Ener...

Dyke v. Scopetti  
Date: April 3, 2015
Citation: 2015 VT 53
Docket Number: 2014-232

Justia Opinion Summary: The issue on appeal to the Supreme Court in this case centered on a father's obligation to pay college tuition for his daughters pursuant to a Pennsylvania child-support order. The parties, father Frank A. Scopetti, Jr.,...

State v. Baker
Date: April 3, 2015
Citation: 2015 VT 62
Docket Number: 2015-119
In re PRB Docket No. 2013.160
Date: March 30, 2015
Citation: 2015 VT 54
Docket Number: 2015-110
Vermont v. Campbell  
Date: March 27, 2015
Citation: 2015 VT 50
Docket Number: 2014-026

Justia Opinion Summary: Defendant Gordon Campbell appealed two special sex-offender conditions of probation imposed upon him following being sentenced on a plea agreement for one count of aggravated assault and one count of sexual assault. The...

In re New England Police Benevolent Association Petition for Election of Collective Bargaining Representative  
Date: March 27, 2015
Citation: 2015 VT 51
Docket Number: 2014-146

Justia Opinion Summary: The New England Police Benevolent Association (NEPBA) appealed the Vermont Labor Relations Board's dismissal of NEPBA's petition for election of a collective-bargaining representative for NEPBA's failure to provide justi...

PH West Dover Property, LLC. v. Lalancette Engineers  
Date: March 20, 2015
Citation: 2015 VT 48
Docket Number: 2013-157

Justia Opinion Summary: Plaintiffs appealed the grant of summary judgment in favor of defendant realtor who represented the seller in the sale of an inn. Plaintiffs argued that the trial court erred in concluding that defendant's alleged misrep...

In re Application of Lathrop Limited Partnership I, II and III  
Date: March 20, 2015
Citation: 2015 VT 49
Docket Numbers: 2013-444, 2013-445, 2013-446

Justia Opinion Summary: This appeal stemmed from a decision of the Superior Court, Environmental Division in three consolidated dockets, "all of which carved a very long and circuitous path through the lower tribunals" before presented for the...

Vermont v. Breed  
Date: March 13, 2015
Citation: 2015 VT 43
Docket Number: 2013-288

Justia Opinion Summary: Defendant was convicted by jury of sexual assault and sexual assault of a vulnerable adult based on a single incident. Defendant was in his seventies at the time of the incident that led to the charges against him, and l...

Smiley v. Vermont  
Date: March 6, 2015
Citation: 2015 VT 42
Docket Number: 2013-257

Justia Opinion Summary: In 1996, claimant injured his left ankle during the scope of his employment as a game warden with the State of Vermont. On July 8, 1996, his treating orthopedic physician indicated in medical notes that claimant's injuri...

Vermont v. Hurley  
Date: March 6, 2015
Citation: 2015 VT 46
Docket Number: 2014-032

Justia Opinion Summary: In June 2013, defendant was driving through downtown Bennington when he was stopped by a police officer. The officer stopped defendant after the officer saw a pine-tree-shaped air freshener hanging from the defendant's r...

Marshall v. Vermont State Hospital  
Date: March 6, 2015
Citation: 2015 VT 47
Docket Number: 2014-107

Justia Opinion Summary: Claimant worked at the Vermont State Hospital as a psychiatric technician and ward aide. His duties involved lifting and dealing with patients who could be combative. Claimant suffered work-related injuries on three sepa...

In re Request for Jurisdictional Opinion re: Changes in Physical Structure and Use at Burlington International Airport for F-35A  
Date: March 6, 2015
Citation: 2015 VT 41
Docket Number: 2014-192

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether Act 250 jurisdiction extended to the siting and related construction proposed for the Vermont Air National Guard Base at the Burlington Int...

State v. Weaver
Date: March 6, 2015
Citation: 2015 VT 44
Docket Number: 2015-068
Flex-A-Seal, Inc. v. Safford  
Date: February 27, 2015
Citation: 2015 VT 40
Docket Number: 2013-332

Justia Opinion Summary: Plaintiff Flex-A-Seal, Inc. appealed the dismissal of its complaint to renew a judgment against defendant Deborah Safford. In 2001, Flex-A-Seal sued Safford based on her alleged embezzlement of funds. The parties entered...

In re Trust of Virginia B. Newman  
Date: February 27, 2015
Citation: 2015 VT 14
Docket Number: 2014-149

Justia Opinion Summary: Virginia Newman died in early 2014 at the age of ninety-eight. She created a trust in the mid-1980s after the death of her third husband. Initially, she was the sole trustee, but in 1989 she resigned, and her son Roger L...

In re C.F.  
Date: February 27, 2015
Citation: 2015 VT 45
Docket Number: 2014-364

Justia Opinion Summary: Mother appealed a family division superior court decision terminating her parental rights with respect to her son, C.F. She argued that the decision, which was based in part on the family division's view that C.F. had an...

Walsh v. Cluba  
Date: February 13, 2015
Citation: 2015 VT 2
Docket Number: 2013-134

Justia Opinion Summary: This case stemmed from a dispute over damage to a leased commercial space. The case was tried before a jury, which awarded plaintiff-landlord David Walsh, just under $11,000 in damages attributable to defendant-tenant Fr...

Vermont v. Fucci  
Date: February 13, 2015
Citation: 2015 VT 39
Docket Number: 2013-151

Justia Opinion Summary: Defendant Louis Fucci, Jr. pled guilty to two counts of soliciting another person for a murder-for-hire plot, and one count of obstruction of justice by seeking to have an opposing party in a civil lawsuit killed. The hi...

Vermont v. Hutchins  
Date: February 6, 2015
Citation: 2015 VT 38
Docket Number: 2013-210

Justia Opinion Summary: Defendant appealed the criminal division's denial of his motion to suppress and dismiss his charge for driving under the influence (DUI). In that motion, defendant claimed the evidence underlying his DUI charge should ha...

TBF Financial, LLC v. Gregoire  
Date: February 6, 2015
Citation: 2015 VT 36
Docket Number: 2013-365

Justia Opinion Summary: Defendants Barrett and Linda Gregoire, sought to amend or set aside judgments of foreclosure in favor of plaintiff bank based on claims of fraud and misrepresentation. The dispute underlying this case concerned four mult...

Obolensky v. Trombley  
Date: February 6, 2015
Citation: 2015 VT 34
Docket Number: 2013-418

Justia Opinion Summary: The parties were adjoining property owners in the Town of Brandon. Michael and Jirina Obolensky owned forty acres of land, on which they operated a bed-and-breakfast in a large Victorian house located at the lower easter...

Ski, Ltd. v. Mountainside Properties, Inc.  
Date: February 6, 2015
Citation: 2015 VT 33
Docket Number: 2014-001

Justia Opinion Summary: This issue this case presented for the Supreme Court's review centered on the parties' respective rights and obligations arising from a contract for the sale of land from SKI, Ltd.'s predecessor-in-interest to Mountainsi...

Birchwood Land Company, Inc. v. Krizan  
Date: February 6, 2015
Citation: 2015 VT 37
Docket Number: 2014-212

Justia Opinion Summary: Plaintiff Birchwood Land Company appealed a Superior Court decision denying Birchwood's motion for attachment and granting defendant Judith Krizan's motion to dismiss for failure to state a claim. Birchwood's complaint a...

In re Ambassador Insurance Company, Inc.  
Date: January 23, 2015
Citation: 2015 VT 4
Docket Number: 2013-184

Justia Opinion Summary: This appeal stemmed from the liquidation of Ambassador Insurance Company, Inc., a property and casualty insurance company incorporated in Vermont. Appellant National Indemnity Company (NICO), assignee to two claims unde...

Vermont v. Noyes  
Date: January 23, 2015
Citation: 2015 VT 11
Docket Number: 2013-392

Justia Opinion Summary: This case stemmed from a fight between defendant and his brother. Defendant Gordon Noyes, Jr. appealed his convictions for disorderly conduct and simple assault by mutual affray following a jury trial. He argued these c...

State v. Weaver
Date: January 23, 2015
Citation: 2015 VT 35
Docket Number: 2015-008
Nelson v. Town of St. Johnsbury  
Date: January 16, 2015
Citation: 2015 VT 5
Docket Number: 2013-386

Justia Opinion Summary: Plaintiff Ralph Nelson, the former town manager of St. Johnsbury, appealed a trial court decision granting partial summary judgment to defendants, the Town of St. Johnsbury and its individual selectboard members (collect...

In re Bilmar Team Cleaners  
Date: January 16, 2015
Citation: 2015 VT 10
Docket Number: 2013-414

Justia Opinion Summary: Taxpayer Blimar Team Cleaners appealed a superior court decision to uphold the Burlington Board of Tax Appeals' appraisal of its property at 150 Shelburne Road in Burlington at a value of $193,500. Taxpayer contended on...

In re E.W.  
Date: January 16, 2015
Citation: 2015 VT 7
Docket Number: 2013-441

Justia Opinion Summary: E.W. was fifteen years old, in the custody of the Department for Children and Families (DCF), and living in a foster home when in 2013, a Vermont state trooper in uniform arrived at E.W.'s foster home to investigate a br...

In re Bernice Landry
Date: January 9, 2015
Docket Number: 2012-452
Nat. Resources Bd. Land Use Panel v. Dorr  
Date: January 9, 2015
Citation: 2015 VT 1
Docket Number: 2013-215

Justia Opinion Summary: The subject property was two large parcels of land in the Town of Manchester. Sand, rock, and gravel had been extracted from a portion of one or both parcels for decades. In September 1990, respondents' predecessor-in-in...

Heco v. Foster Motors  
Date: January 9, 2015
Citation: 2015 VT 3
Docket Number: 2013-323

Justia Opinion Summary: In 2007, plaintiff was severely injured when a 2000 Dodge Neon that she was driving was struck from behind by another vehicle. In July 2010, she filed a personal-injury action against Midstate, the automobile dealer that...

In re Bernice Landry  
Date: January 9, 2015
Citation: 2015 VT 6
Docket Number: 2013-452

Justia Opinion Summary: Petitioner was admitted to a nursing home in September 2010. She was eighty-seven years old at the time, and had a diagnosis of dementia and Alzheimer's disease. Petitioner's adult daughter, who had the authority to act...

In re M.K.  
Date: January 9, 2015
Citation: 2015 VT 8
Docket Number: 2014-288

Justia Opinion Summary: Mother appealed a superior court (family division) order finding that her five-year-old son, M.K., was a child in need of care or supervision (CHINS) based on a single incident of abuse. She argued that the CHINS determi...

In re PRB Docket No. 2014.168
Date: January 9, 2015
Citation: 2015 VT 9
Docket Number: 2014-472
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