Vermont Supreme Court Decisions 2017

In re B.K. and L.K.  
Date: November 9, 2017
Citation: 2017 VT 105
Docket Number: 2017-269

Justia Opinion Summary: This case began in 2014 when the Vermont Department for Children and Families (DCF) filed a petition alleging that B.K. and L.K., then six and seven years old respectively, were children in need of care or supervision (C...

In re M.T., G.T., B.T. and N.T., Juveniles  
Date: November 3, 2017
Citation: 2017 VT 104
Docket Number: 2017-246

Justia Opinion Summary: A mother and father appealed a trial court's order denying their motions to reopen a termination decision. Mother alleged that she had been in a car accident the day before she relinquished, had a concussion, and was not...

Jordan L. Many Fox King v. Eric C. King
Date: October 27, 2017
Citation: 2013 VT 29
Docket Number: 2016-437
In re Petition of Pequot Energy Development LLC
Date: October 27, 2017
Docket Number: 2017-109
In re Fuad Ndibalema/SNF Fresh Start, LLC
Date: October 27, 2017
Docket Number: 2017-125
Wanda Abbey and Marc Abbey, Sr. v. Casey Smith and Jessica Smith
Date: October 27, 2017
Docket Number: 2017-148
Grace Jones v. Department of Labor (Mack Molding Company, Inc., Employer)
Date: October 27, 2017
Citation: 2007 VT 29
Docket Number: 2017-182
Gary Francis v. Department of Labor (J & L Snack Shop Enterprises, Employer)
Date: October 27, 2017
Citation: 2010 VT 69
Docket Number: 2017-183
In re Mitchell Bowen
Date: October 27, 2017
Citation: 2007 VT 9
Docket Number: 2017-191
Carol Ann Patenaude v. Eugene Ladd
Date: October 27, 2017
Citation: 2008 VT 52
Docket Number: 2017-199
In re R.R. and K.H., Juveniles
Date: October 27, 2017
Docket Number: 2017-241
In re A.T., Juvenile
Date: October 27, 2017
Citation: 2017 VT 5
Docket Number: 2017-268
Quinones v. Bouffard  
Date: October 26, 2017
Citation: 2017 VT 103
Docket Number: 2016-337

Justia Opinion Summary: At issue in this appeal was whether a family court could, after concluding that a custodial parent’s relocation constitutes an unanticipated change in circumstances, maintain physical rights and responsibilities with tha...

Vermont v. Webster  
Date: October 20, 2017
Citation: 2017 VT 98
Docket Number: 2016-063

Justia Opinion Summary: Defendant Matthew Webster was convicted by jury of second-degree murder, reckless endangerment, and careless and negligent operation. Defendant challenged the denial of his motion to suppress statements he gave to the po...

Town of Granville v. Loprete  
Date: October 20, 2017
Citation: 2017 VT 101
Docket Number: 2016-391

Justia Opinion Summary: In May 2008, the Town of Granville established an Ancient Roads Committee and Process for identifying “ancient roads,” all roads that were at one time established as public highways and had not been officially discontinu...

Sachs v. Downs Rachlin Martin, PLLC  
Date: October 20, 2017
Citation: 2017 VT 100
Docket Number: 2016-394

Justia Opinion Summary: After a bench trial, the trial court concluded that defendant attorney’s failure to adequately inform plaintiff Hannah Sachs of the risks of delay in filing a parentage action “negligently fell short of the standard of r...

Toensing v. Attorney General of Vermont  
Date: October 20, 2017
Citation: 2017 VT 99
Docket Number: 2017-090

Justia Opinion Summary: At issue in this appeal was whether, under the Vermont Access to Public Records Act (PRA), a government agency had to ask state employees to determine whether they possess public records in digital form in their personal...

Vermont v. Allis  
Date: October 13, 2017
Citation: 2017 VT 96
Docket Number: 2016-064

Justia Opinion Summary: Defendant Christian Allis entered a conditional plea to a first offense for driving under the influence (DUI), reserving the right to appeal the trial court’s denial of his motion to suppress evidence obtained during law...

State v. Peggy L. Shores
Date: October 13, 2017
Citation: 2017 VT 102
Docket Number: 2017-353
Lynn Pelkey-Mahler v. Kenneth A. Mahler
Date: October 10, 2017
Citation: 2009 VT 84
Docket Number: 2017-124
Vermont v. Freeman  
Date: October 6, 2017
Citation: 2017 VT 95
Docket Number: 2016-047

Justia Opinion Summary: Defendant Kai Freeman appeals a jury verdict convicting him of ten separate charges. Defendant was charged with eleven offenses relating to the sexual assaults of five minors. He argued on appeal that the trial court err...

Flint v. Department of Labor  
Date: October 6, 2017
Citation: 2017 VT 89
Docket Number: 2016-185

Justia Opinion Summary: A former employee of the Vermont Department of Labor (Department) appealed a judgment on the pleadings denying his suit against the Department seeking unpaid overtime pay. Employee argued he was entitled to overtime pay...

Taylor v. Town of Cabot  
Date: October 6, 2017
Citation: 2017 VT 92
Docket Number: 2016-276

Justia Opinion Summary: This case involved a challenge under the Compelled Support Clause of the Vermont Constitution to the Town of Cabot’s grant of federally derived but municipally managed funds for the purpose of repairs to a historic churc...

Vermont v. Baker  
Date: October 6, 2017
Citation: 2017 VT 91
Docket Number: 2016-326

Justia Opinion Summary: In 2016, Ty Baker, Sr. pleaded no contest to grossly negligent operation in violation of 23 V.S.A. 1091(b) after his car collided with and totaled another car. Husband and wife owned the car; wife was driving the car whe...

Gill Terrace Retirement Apartments, Inc.  
Date: October 6, 2017
Citation: 2017 VT 88
Docket Number: 2016-372

Justia Opinion Summary: Tenant Marie Johnson appealed a trial court’s conclusion that she violated two material terms of her residential rental agreement: a “no-smoking” policy and a “no pets” policy. After review of the trial court record, the...

Diamond v. Burlington Free Press  
Date: October 6, 2017
Citation: 2017 VT 93
Docket Number: 2016-416

Justia Opinion Summary: Claimant Lydia Diamond appeals the summary judgment decision of the Commissioner of the Department of Labor denying her claim for PPD benefits associated with the C3-4 levels of her spine. In April 2001, claimant was inj...

State v. Ryan D. Stimpson
Date: October 6, 2017
Citation: 2017 VT 97
Docket Number: 2017-346
State v. Ashley Geoffroy
Date: October 5, 2017
Citation: 2010 VT 75
Docket Number: 2017-021
Jeffrey and Kristen Trudeau v. Eric Vitali, Jeremy Peters and State of Vermont
Date: October 5, 2017
Citation: 2015 VT 108
Docket Number: 2017-078
State v. Van V. Thomas
Date: October 4, 2017
Citation: 2017 VT 9
Docket Number: 2017-317
William Engels v. Richard A. Lane M.D., P.C.
Date: October 2, 2017
Citation: 2015 VT 128
Docket Number: 2017-005
Johnny Aldermann v. Rhonda S. Camley, Stanley Howard Machia II and Breanne Earlene Machia
Date: October 2, 2017
Citation: 2013 VT 1
Docket Number: 2017-045
State v. Nicole VanGuilder
Date: October 2, 2017
Docket Number: 2017-054
BAI Rutland, LLC v. Copper Bottom Entertainment Group, LLC and Kent Liker
Date: October 2, 2017
Citation: 2005 VT 4
Docket Number: 2017-085
Walter Zorn and Arthur B. Zorn v. Robert Zorn
Date: October 2, 2017
Citation: 2005 VT 18
Docket Number: 2017-086
Misty Foster v. Chad Eddy
Date: October 2, 2017
Citation: 2010 VT 98
Docket Number: 2017-096
In re C.D., Juvenile
Date: October 2, 2017
Citation: 2012 VT 108
Docket Number: 2017-119
In re A.B., C.L., C.L. and L.L., Juveniles
Date: October 2, 2017
Docket Number: 2017-120
State v. Joseph A. Beaton
Date: October 2, 2017
Citation: 2013 VT 104
Docket Number: 2017-155
In re Z.R. and J.R., Juveniles
Date: October 2, 2017
Citation: 2017 VT 5
Docket Number: 2017-179
In re K.H., Juvenile
Date: October 2, 2017
Citation: 2012 VT 108
Docket Number: 2017-197
In re J.H. and K.H., Juveniles
Date: October 2, 2017
Citation: 2005 VT 30
Docket Number: 2017-200
In re Joseph P. Palmisano, Esq.
Date: October 2, 2017
Citation: 2017 VT 94
Docket Number: 2017-219
Vermont v. Manning  
Date: September 29, 2017
Citation: 2017 VT 90
Docket Number: 2016-141

Justia Opinion Summary: This appeal stemmed from an embezzlement case concerning four missing bank deposits defendant Gregory Manning was entrusted to make for his employers. Defendant argued on appeal that: (1) the State’s failure to preserve...

Haller v. Champlain College  
Date: September 29, 2017
Citation: 2017 VT 86
Docket Number: 2016-332

Justia Opinion Summary: Claimant Kimberly Haller was an employee of Champlain College when she suffered a work-related injury. Claimant had taken numerous courses at Champlain College pursuant to its “Tuition Benefits” policy. In the twenty-six...

State v. Dylan Boulet
Date: September 29, 2017
Citation: 2006 VT 120
Docket Number: 2017-298
Clayton v. J.C. Penney Corporation  
Date: September 22, 2017
Citation: 2017 VT 87
Docket Number: 2016-335

Justia Opinion Summary: J.C. Penney Corporation (employer) sought interlocutory review of the Commissioner of the Department of Labor’s denial of its motion for summary judgment in this workers’ compensation matter. Specifically, employer argue...

In re Vermont Gas Systems, Inc.  
Date: September 22, 2017
Citation: 2017 VT 83
Docket Number: 2016-396

Justia Opinion Summary: At issue before the Vermont Supreme Court in this appeal was whether land dedicated to a public use could be condemned for another public use when the new use did not materially interfere with the prior use. Intervenors,...

In re Alexis Gabree  
Date: September 8, 2017
Citation: 2017 VT 84
Docket Number: 2015-339

Justia Opinion Summary: Petitioner Alexis Gabree appealed the superior court’s decision to dismiss her petition for post-conviction relief (PCR). She argued that, during the plea colloquy, she never personally admitted that a factual basis for...

State v. Travis C. Collins, Sr.
Date: September 8, 2017
Citation: 2017 VT 85
Docket Number: 2017-289
Vermont v. Stewart  
Date: September 1, 2017
Citation: 2017 VT 82
Docket Number: 2016-162

Justia Opinion Summary: Defendant Diane Stewart was convicted of embezzling from her former employer. She appealed the trial court’s restitution order that required her to pay the bank the amount that she had embezzled, arguing that the bank wa...

Rutland County Parent Child Center, Inc. v. City of Rutland  
Date: September 1, 2017
Citation: 2017 VT 81
Docket Number: 2016-224

Justia Opinion Summary: The City of Rutland appealed a superior court decision that two buildings owned by the Rutland County Parent Child Center (RCPCC) were exempt from property taxation. The City argued neither property met the requirements...

Couture v. Trainer  
Date: August 25, 2017
Citation: 2017 VT 73
Docket Number: 2016-021

Justia Opinion Summary: A father appealed the grant of summary judgment that dismissed his defamation, negligence, and monetary claims against mother and her sister (aunt). Father alleged that mother and aunt coached daughter into saying “Daddy...

In re Anthony Bridger  
Date: August 25, 2017
Citation: 2017 VT 79
Docket Number: 2016-142

Justia Opinion Summary: In July 2009, petitioner Anthony Bridger was charged in three counties with committing numerous burglaries. Petitioner pled guilty in the Bennington and Windham County cases before the Bennington Criminal Division in Sep...

Vermont v. Baird  
Date: August 25, 2017
Citation: 2017 VT 78
Docket Number: 2016-190

Justia Opinion Summary: Defendant Keith Baird and two others were charged with burglary, kidnapping, and first-degree murder for their involvement with the 2010 death of seventy-eight-year-old Mary O’Hagan at her home in Sheffield, Vermont. The...

Vermont v. Sharrow  
Date: August 25, 2017
Citation: 2017 VT 25
Docket Number: 2016-261

Justia Opinion Summary: The State charged defendant Christopher Sharrow with second-degree murder in July 2013. While defendant was incarcerated pretrial, his counsel requested a competency hearing. The court ordered an evaluation and the Depar...

Abajian v. TruexCullins, Inc.  
Date: August 25, 2017
Citation: 2017 VT 74
Docket Number: 2016-317

Justia Opinion Summary: In 2001, plaintiffs Margaret and John Abajian hired architectural firm TruexCullins, Inc., to design additions to their home. Plaintiffs hired Thermal Efficiency Construction, Ltd. (TEC) to serve as the general contracto...

In re Langlois/Novicki Variance Denial  
Date: August 25, 2017
Citation: 2017 VT 76
Docket Number: 2016-355

Justia Opinion Summary: This appeal involved a dispute between two neighbors over the construction of a pergola on the shore of Lake Champlain in Swanton. The Environmental Division consolidated three related proceedings concerning this dispute...

In re Programmatic Changes to Standard-Offer Program & Investigation into Establishment of Standard-Offer Prices (Allco Renewable Energy, Ltd.)  
Date: August 25, 2017
Citation: 2017 VT 77
Docket Number: 2016-399

Justia Opinion Summary: Allco Renewable Energy Limited and PLH LLC (collectively, “Allco”) appealed the Public Service Board’s order denying their motion to reconsider. Allco argued the Board was required to award standard-offer contracts to se...

In re Thomas S. Sharrow  
Date: August 25, 2017
Citation: 2017 VT 69
Docket Number: 2017-020

Justia Opinion Summary: At issue in his post-conviction relief (PCR) appeal was whether petitioner Thomas Sharrow received ineffective assistance of trial counsel. The PCR court vacated petitioner’s conviction of attempted second-degree murder...

State v. Glenn Boule
Date: August 21, 2017
Citation: 2014 VT 68
Docket Number: 2016-356
Cheryl Pelton v. Gary Pelton
Date: August 21, 2017
Citation: 2010 VT 94
Docket Number: 2017-040
Sarah Parrott v. Michael Gaylord
Date: August 21, 2017
Docket Number: 2017-041
In re M.H. and K.H., Juveniles
Date: August 21, 2017
Citation: 2016 VT 124
Docket Number: 2017-070
In re Thomas Gauthier
Date: August 21, 2017
Citation: 2016 VT 37
Docket Number: 2017-074
In re Q.B., Juvenile
Date: August 21, 2017
Citation: 2003 VT 90
Docket Number: 2017-106
In re C.D., Juvenile
Date: August 21, 2017
Citation: 2012 VT 100
Docket Number: 2017-175
In re J.R., Juvenile
Date: August 21, 2017
Citation: 2017 VT 071
Docket Number: 2017-178
Vermont v. Love  
Date: August 18, 2017
Citation: 2017 VT 75
Docket Number: 2016-192

Justia Opinion Summary: In April 2016, the police stopped defendant Kimberly Love after a disturbance at a gas station. As a result of this stop, the police issued defendant a notice of intention to automatically suspend her driver’s license by...

Vermont v. Blake  
Date: August 11, 2017
Citation: 2017 VT 68
Docket Number: 2016-376

Justia Opinion Summary: In December 2009, defendant Randell Blake was convicted of filing a false insurance claim in connection with a 2007 fire at his house. Subsequent to his criminal convictions, the trial court ordered defendant to pay rest...

In re D.H. & S.C.  
Date: August 11, 2017
Citation: 2017 VT 71
Docket Number: 2017-031

Justia Opinion Summary: A mother appealed the termination of her parental rights to two children: D.H. (born 2004) and S.C. (born 2006). She argued the family court improperly withheld its discretion by refusing to grant a thirty-minute continu...

Collins v. Collins  
Date: August 4, 2017
Citation: 2017 VT 70
Docket Number: 2016-302

Justia Opinion Summary: At issue in this appeal was the status of a revocable trust that husband’s parents established in 1999. The parties married in 1984 and have two children (now adults); they divorced in 2014. The grantor amended the revoc...

State v. Van V. Thomas
Date: August 1, 2017
Citation: 2017 VT 9
Docket Number: 2017-226
Vermont v. Perrault  
Date: July 28, 2017
Citation: 2017 VT 67
Docket Number: 2015-462

Justia Opinion Summary: After a jury convicted defendant Bryan Perrault of one count of possessing marijuana and two counts of possessing a depressant or stimulant, he appealed, arguing he was entitled to a new trial because he discovered, post...

State v. Jennifer Ploof
Date: July 24, 2017
Citation: 2004 VT 36
Docket Number: 2016-218
Nathan Dunavin v. Lisa Menard, Commissioner
Date: July 24, 2017
Citation: 2009 VT 122
Docket Number: 2016-370
Royce A. Dendler v. Olga B. Dendler
Date: July 24, 2017
Citation: 2014 VT 10
Docket Number: 2017-008
Sara Benoure v. Brad Benoure
Date: July 24, 2017
Docket Number: 2017-036
Yorkmont Auctions, Inc. v. Department of Labor (Mark Rogers)
Date: July 24, 2017
Docket Number: 2017-043
In re A.M. and O.M., Juveniles
Date: July 24, 2017
Citation: 2007 VT 11
Docket Number: 2017-087
In re H.P., Juvenile
Date: July 24, 2017
Citation: 2014 VT 38
Docket Number: 2017-138
In re A.M., Juvenile
Date: July 24, 2017
Citation: 2004 VT 41
Docket Number: 2017-163
Vermont v. Love  
Date: July 21, 2017
Citation: 2017 VT 66
Docket Number: 2016-195

Justia Opinion Summary: In December 2012, defendant Bryan Love was charged with two felony counts of lewd and lascivious conduct with a child, and he faced the possibility of significant jail time. By virtue of a plea agreement with the State,...

Shires Housing, Inc. v. Brown  
Date: July 21, 2017
Citation: 2017 VT 60
Docket Number: 2016-323

Justia Opinion Summary: An interlocutory appeal arose from an eviction action in which landlord, Shires Housing, Inc., failed to provide tenant Carolyn Brown, with written notice of tenancy termination before filing for eviction under the Mobil...

Fleming-Pancione v. Menard  
Date: July 7, 2017
Citation: 2017 VT 59
Docket Number: 2016-186

Justia Opinion Summary: Petitioner Shayne Fleming-Pancione is an inmate supervised by the Department of Corrections (DOC). He appealed the determination of the superior court that he was not entitled to a reduction in his Vermont sentence for t...

Pierce v. Slate  
Date: July 7, 2017
Citation: 2017 VT 63
Docket Number: 2016-420

Justia Opinion Summary: Mother appealed the trial court’s dismissal of her parentage action under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), as well as its denial of her motion to reconsider. She and father were the pa...

In re Stevens Law Office  
Date: July 7, 2017
Citation: 2017 VT 61
Docket Number: 2016-421

Justia Opinion Summary: Petitioner Stevens Law Office appealed a trial court decision denying assignment of a future structured settlement payment from a fund administered by Symetra Assigned Benefits Service Company for legal services rendered...

Knutsen v. Cegalis (2017 VT 62)  
Date: July 7, 2017
Citation: 2017 VT 62
Docket Number: 2017-024

Justia Opinion Summary: Acting pro se, Mother appealed a trial court’s denial of her motion to modify parental rights and responsibilities for son L.C. Through their actions, father and stepmother deprived mother of any contact with L.C. for ma...

In re PATH at Stone Summit, Inc.  
Date: June 30, 2017
Citation: 2017 VT 56
Docket Number: 2016-298

Justia Opinion Summary: Neighbors were a group of property owners in the neighborhood of PATH at Stone Summit, Inc.’s proposed therapeutic community residence in Danby. They appealed the Green Mountain Care Board’s decision that the proposed pr...

City of Burlington v. Nicholas Schieldrop
Date: June 27, 2017
Docket Number: 2017-212
State v. Kenneth Atwood
Date: June 26, 2017
Docket Number: 2016-203
John Moyers v. Sheun Lai Poon & Brenda Lee Poon
Date: June 26, 2017
Citation: 2014 VT 104
Docket Number: 2016-432
In re Michael Lee NOV Town of New Haven v. Michael Lee
Date: June 26, 2017
Citation: 2009 VT 98
Docket Number: 2017-004
Jeffrey Michael Brandt v. Lisa Menard, Commissioner, David Turner and Dominic Damato
Date: June 26, 2017
Citation: 2007 VT 87
Docket Number: 2017-017
In re John Robert Large
Date: June 26, 2017
Citation: 2005 VT 135
Docket Number: 2017-042
Katherine Roberts v. Mark Roberts
Date: June 26, 2017
Citation: 2014 VT 63
Docket Number: 2017-061
In re A.D., Juvenile
Date: June 26, 2017
Citation: 2015 VT 94
Docket Number: 2017-066
In re S.S., N.S., S.P. and Z.A., Juveniles
Date: June 26, 2017
Citation: 2013 VT 58
Docket Number: 2017-081
Deutsche Bank National Trust Co. v. Watts  
Date: June 23, 2017
Citation: 2017 VT 57
Docket Number: 2015-329

Justia Opinion Summary: Defendant-borrowers Skip and Paris Watts appealed the trial court’s summary judgment decision in favor of plaintiff-lender Deutsche Bank National Trust Company in this mortgage foreclosure action. They argued that the tr...

In re Bourbeau Custom Homes, Inc.  
Date: June 23, 2017
Citation: 2017 VT 51
Docket Number: 2016-157

Justia Opinion Summary: Several carpenters, including one single-member LLC, an installer of cement siding, and a painter contended they were employees of Bourbeau Custom Homes, Inc. for the purposes of Vermont’s unemployment compensation syste...

Weaver v. Weaver  
Date: June 23, 2017
Citation: 2017 VT 58
Docket Number: 2016-306

Justia Opinion Summary: Wife Nicola Weaver appealed the trial court’s order granting a motion filed by husband David Weaver to modify his spousal maintenance obligation. Wife argues the trial court erred by: (1) reducing her spousal support to...

Paige v. Vermont  
Date: June 16, 2017
Citation: 2017 VT 54
Docket Number: 2016-202

Justia Opinion Summary: In this case, a Vermont voter and candidate in the state’s 2016 presidential primary, challenged whether U.S. Senators Ted Cruz and Marco Rubio were constitutionally qualified to run for President of the United States. T...

Eric Resnick v. Susan Resnick
Date: June 12, 2017
Docket Number: 2017-149
Vermont v. Byam  
Date: June 9, 2017
Citation: 2017 VT 47
Docket Number: 2015-409

Justia Opinion Summary: Defendant Dale Byam appealed a trial court’s denial of his motion seeking credit against his sentence for time spent under pretrial conditions of release. Defendant argued on appeal to the Vermont Supreme Court there was...

In re Appeal of Dezarae Durkee  
Date: June 9, 2017
Citation: 2017 VT 49
Docket Number: 2016-019

Justia Opinion Summary: This case focused on whether the Department for Children and Families (DCF) could deny an applicant temporary housing assistance under General Assistance (GA) Rule 2652.3 for having left her housing in response to a noti...

Vermont v. Bangoura  
Date: June 9, 2017
Citation: 2017 VT 53
Docket Number: 2016-172

Justia Opinion Summary: Hassimiou Bangoura appealed after he was convicted for driving under the influence (DUI), second offense. He argued that his conviction had to be reversed because of what he claimed was error in how the trial court estab...

Vermont v. Joseph  
Date: June 9, 2017
Citation: 2017 VT 52
Docket Number: 2016-331

Justia Opinion Summary: The State appealed a superior court’s conclusion that the enactment of 13 V.S.A. 3606a repealed 13 V.S.A. 2504 by implication. Because the Vermont Supreme Court concluded section 3606a neither demonstrated a plain intent...

Perron v. Menard  
Date: June 9, 2017
Citation: 2017 VT 50
Docket Number: 2017-110

Justia Opinion Summary: The State of New York petitioned to extradite James Perron from Vermont, alleging that he had a sentence to serve for a grand larceny conviction. Perron was initially detained on a prerequisition warrant, but Vermont’s G...

Hermitage Inn Real Estate Holding Co., LLC v. Extreme Contracting, LLC  
Date: June 2, 2017
Citation: 2017 VT 44
Docket Number: 2016-090

Justia Opinion Summary: Defendant Extreme Contracting, LLC appealed a trial court’s order granting a default judgment to plaintiff Hermitage Inn Real Estate Holding Co., LLC in a contract dispute. The court held defendant responsible for enforc...

Vermont v. Sheperd  
Date: June 2, 2017
Citation: 2017 VT 39
Docket Number: 2016-145

Justia Opinion Summary: In this case involving multiple counts of cruelty to animals, defendant Randall Shepard appealed the trial court’s denial of a motion to suppress and its order imposing costs for the care of forfeited animals. With respe...

North Country Sportsman's Club v. Town of Williston  
Date: June 2, 2017
Citation: 2017 VT 46
Docket Number: 2016-387

Justia Opinion Summary: This appeal tested the limits of a town’s authority to enforce a noise ordinance against a sport shooting range’s historically established operations. Plaintiff North Country Sportsman’s Club received multiple citations...

State v. Theodore Farnham
Date: June 2, 2017
Citation: 2017 VT 9
Docket Number: 2017-137
State v. Theodore Farnham
Date: May 31, 2017
Citation: 2017 VT 9
Docket Number: 2017-137
State v. Douglas S. Cavett
Date: May 30, 2017
Citation: 2015 VT 91
Docket Number: 2016-243
In re William Nichols, Jr.
Date: May 30, 2017
Citation: 2015 VT 108
Docket Number: 2016-320
Kevin Barrup v. Tammy Barrup
Date: May 30, 2017
Citation: 2012 VT 44
Docket Number: 2016-341
William J. McDonald, D.M.D. v. Office of Professional Regulation
Date: May 30, 2017
Citation: 2007 VT 4
Docket Number: 2016-352
Sherry Snyder v. Timothy Snyder
Date: May 30, 2017
Citation: 2005 VT 72
Docket Number: 2016-404
In re Z.L., Juvenile
Date: May 30, 2017
Citation: 2012 VT 100
Docket Number: 2016-405
Ashley Bennett v. Lex Berezhny
Date: May 30, 2017
Citation: 2013 VT 29
Docket Number: 2016-433
Gail Manning v. Department of Labor (TLC Nursing Associates, LLC)
Date: May 30, 2017
Docket Number: 2017-009
Fatu Kankolongo v. Fuad Ndibalema
Date: May 30, 2017
Citation: 2011 VT 91
Docket Number: 2017-010
In re G.B., Juvenile
Date: May 30, 2017
Citation: 2011 VT 124
Docket Number: 2017-012
State v. Timothy D. Wiley
Date: May 30, 2017
Citation: 2009 VT 24
Docket Number: 2017-025
In re A.M., Juvenile
Date: May 30, 2017
Citation: 2013 VT 79
Docket Number: 2017-027
In re O.K., Juvenile
Date: May 30, 2017
Citation: 2004 VT 40
Docket Number: 2017-073
In re North East Materials Group, LLC Amended Act 250 Permit  
Date: May 26, 2017
Citation: 2017 VT 43
Docket Number: 2016-170

Justia Opinion Summary: Neighbors for Healthy Communities (neighbors) appealed the Environmental Division’s decision to grant North East Materials Group, LLC, (NEMG) an Act 250 permit for operating an asphalt plant. Neighbors specifically chall...

Cramer v. Billado  
Date: May 26, 2017
Citation: 2017 VT 38
Docket Number: 2016-226

Justia Opinion Summary: The events leading to this appeal were rooted in the parties’ 2007 divorce. In September 2005, the parties entered into a final stipulation that provided, among other things, that defendant James Billado was to pay plain...

In re Assistant Judge Paul Kane
Date: May 24, 2017
Citation: 2017 VT 48
Docket Number: 2017-136
Vermont v. Reed  
Date: May 12, 2017
Citation: 2017 VT 28
Docket Number: 2015-184

Justia Opinion Summary: The State charged defendant Jeffrey Reed with three offenses: (1) a violation of 13 V.S.A. 1754(a) by knowingly giving false information to a law enforcement officer with the purpose of deflecting an investigation from h...

Lamson v. Lamson  
Date: May 12, 2017
Citation: 2017 VT 41
Docket Number: 2015-438

Justia Opinion Summary: This case involved a revocable trust established by Virginia Newman. Her two sons, Roger and Frank Lamson, were both beneficiaries and trustees of the trust. Roger filed an action in the probate division alleging breach...

Vermont v. Kane  
Date: May 12, 2017
Citation: 2017 VT 36
Docket Number: 2016-137

Justia Opinion Summary: Defendant Patricia Kane appealed the trial court’s conclusion that she violated a special probation condition requiring electronic monitoring, specifically a global position system (GPS) monitor. On appeal, she claimed:...

LeClair v. LeClair  
Date: May 12, 2017
Citation: 2017 VT 34
Docket Number: 2016-139

Justia Opinion Summary: Defendant Hector LeClair, plaintiff Joseph LeClair’s grandfather, was experienced in construction and has developed several properties around the Vermont. In 2011, defendant approached his son, Ricky LeClair, who also wo...

Airi v. Nagra  
Date: May 12, 2017
Citation: 2017 VT 42
Docket Number: 2016-254

Justia Opinion Summary: Plaintiff Shashi Airi filed suit against defendant Gurdeep “Sunny” Nagra in 2011. The trial court held a bench trial in 2016. Initially, defendant hired plaintiff to manage two hotels in Brattleboro. In this capacity, pl...

Strong v. Fitzpatrick  
Date: May 12, 2017
Citation: 2017 VT 35
Docket Number: 2016-270

Justia Opinion Summary: The Vermont Supreme Court rejected plaintiff’s request to extend an exception to the general rule to the circumstances of this case, which wanted to impose on attorneys a duty to prospective beneficiaries of undrafted, u...

Vermont v. Giguere  
Date: May 12, 2017
Citation: 2017 VT 40
Docket Number: 2016-297

Justia Opinion Summary: This driver’s license suspension case stemmed from the State’s accusation that defendant had been driving under the influence (DUI) before she crashed her car and was transported to the nearest hospital, which was locate...

Rinehart v. Svensson  
Date: May 5, 2017
Citation: 2017 VT 33
Docket Number: 2015-350

Justia Opinion Summary: The parties divorced in 2004 and were parents to two sons, approximately sixteen and fourteen years old. The parental rights and responsibilities portion of the final divorce order was amended several times and those cha...

In re Eric S. Brittain, Esq.
Date: May 5, 2017
Citation: 2017 VT 31
Docket Number: 2016-012
Vermont v. Carter  
Date: May 5, 2017
Citation: 2017 VT 32
Docket Number: 2016-017

Justia Opinion Summary: Defendant Ronald Carter was convicted of domestic assault as a lesser included offense of first degree aggravated domestic assault. He appealed, arguing that domestic assault was not a lesser included offense of aggravat...

McLaughlin v. Pallito  
Date: May 5, 2017
Citation: 2017 VT 30
Docket Number: 2016-279

Justia Opinion Summary: Can a prison superintendent order a second administrative hearing when a hearing panel finds a prisoner not guilty of violating a prison rule at an initial hearing because of a clerical mistake in the prison’s evidence?...

State v. Peggy L. Shores
Date: May 4, 2017
Citation: 2017 VT 37
Docket Number: 2017-108
State v. Roberto Miranda
Date: April 24, 2017
Citation: 2014 VT 42
Docket Number: 2016-275
State v. Paul J. Washburn
Date: April 24, 2017
Citation: 2007 VT 6
Docket Number: 2016-325
Denise McCarty v. Michael McCarty
Date: April 24, 2017
Docket Number: 2016-348
Daniel D. Sweet v. Heather Sweet
Date: April 24, 2017
Citation: 2007 VT 2
Docket Number: 2016-374
Britini Trainer v. Darren Couture
Date: April 24, 2017
Docket Number: 2016-377
Alan and Judith Davis v. Margaret Maxwell and Town of Charleston
Date: April 24, 2017
Citation: 2014 VT 44
Docket Number: 2016-381
Sarah (Whitaker) Kessler v. David Whitaker
Date: April 24, 2017
Citation: 2012 VT 52
Docket Number: 2016-383
In re N.C. and A.F., Juveniles
Date: April 24, 2017
Citation: 2010 VT 61
Docket Number: 2016-425
In re M.S., M.K. and C.S., Juveniles
Date: April 24, 2017
Citation: 2015 VT 8
Docket Number: 2016-429
In re G.M., Juvenile
Date: April 24, 2017
Citation: 2010 VT 61
Docket Number: 2016-431
In re W.S. and J.S., Juveniles
Date: April 24, 2017
Citation: 2012 VT 100
Docket Number: 2016-435
In re B.G., Juvenile
Date: April 24, 2017
Citation: 2016 VT 107
Docket Number: 2017-001
In re M.J., M.J. and M.J., Juveniles
Date: April 24, 2017
Docket Number: 2017-011
In re A.K., Juvenile
Date: April 24, 2017
Citation: 2012 VT 100
Docket Number: 2017-019
Vermont v. Nutbrown-Covey  
Date: April 21, 2017
Citation: 2017 VT 26
Docket Number: 2016-248

Justia Opinion Summary: Defendant Ashley Nutbrown-Covey is the mother of three children: J.N., born in 2013; A.N., born in 2008; and A.C., born in 2004. In August 2011, defendant and A.N.’s father took A.N. (then three years old) to the emergen...

Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Inc.  
Date: April 17, 2017
Citation: 2017 VT 27
Docket Number: 2016-397

Justia Opinion Summary: Mallets Bay Homeowner’s Association appealed the trial court’s partial denial of its motion to stay the issuance of a writ of possession in favor of Mongeon Bay Properties (MBP) following the termination of the Associati...

Vermont v. Sullivan  
Date: April 14, 2017
Citation: 2017 VT 24
Docket Number: 2015-292

Justia Opinion Summary: Defendant Christopher Sullivan was convicted of operating a motor vehicle while under the influence of intoxicating liquor (DUI) with death resulting, and leaving the scene of a fatal accident. On appeal, he challenged t...

Vermont v. Ladue  
Date: April 7, 2017
Citation: 2017 VT 20
Docket Number: 2014-281

Justia Opinion Summary: Defendant Richard Ladue appealed his conviction for driving under the influence (DUI), arguing that: (1) the State’s principal witness testified on a matter that violated the trial court’s pretrial ruling granting defend...

H&E Equipment Services, Inc. v. Cassani Electric, Inc.  
Date: April 7, 2017
Citation: 2017 VT 17
Docket Number: 2016-207

Justia Opinion Summary: Defendant Nicholas Cassani appealed the trial court’s order granting summary judgment to plaintiff H&E Equipment Services, Inc. on its complaint to collect on a 2001 Arizona judgment. Defendant argued that the action was...

Pratt v. Pallito  
Date: April 7, 2017
Citation: 2017 VT 22
Docket Number: 2016-238

Justia Opinion Summary: The question central to this appeal was whether a petitioner could raise a challenge to a Department of Corrections’ (DOC) disciplinary conviction that was not presented in the underlying DOC proceedings. Petitioner appe...

Shriner v. Amica Mutual Ins. Co.  
Date: April 7, 2017
Citation: 2017 VT 23
Docket Number: 2016-269

Justia Opinion Summary: Wilbur Shriner, the holder of a homeowner’s insurance policy from Amica Mutual Insurance Company (Amica), appealed the trial court’s grant of summary judgment to Amica and denial of his cross-motion for summary judgment....

State v. Garrett Cornelius
Date: April 6, 2017
Citation: 2015 VT 106
Docket Number: 2017-055
State v. Armand Henault, Jr.
Date: March 30, 2017
Citation: 2017 VT 19
Docket Number: 2017-077
Lillian E. Billewicz v. Estate of John J. Fanelli
Date: March 28, 2017
Docket Number: 2017-028
State v. Jeffrey Giknis
Date: March 24, 2017
Citation: 2003 VT 83
Docket Number: 2016-153
State v. Miles Otis Dow, Jr.
Date: March 24, 2017
Citation: 2016 VT 37
Docket Number: 2016-232
State v. George A. Murphy
Date: March 24, 2017
Docket Number: 2016-247
In re Appeal of Debra Waite
Date: March 24, 2017
Docket Number: 2016-329
In re Kirk Wool
Date: March 24, 2017
Docket Number: 2016-344
Lisa Mangini v. Richard Hardie
Date: March 24, 2017
Citation: 2014 VT 26
Docket Number: 2016-375
In re D.H. and A.H. Juveniles
Date: March 24, 2017
Docket Number: 2016-395
In re I.K. and J.K., Juveniles
Date: March 24, 2017
Citation: 2016 VT 130
Docket Number: 2016-400
In re K.G., Juvenile
Date: March 24, 2017
Citation: 2012 VT 100
Docket Number: 2017-013
State v. Michael Rondeau
Date: March 21, 2017
Citation: 2017 VT 7
Docket Number: 2017-060
State v. Michael Rondeau
Date: March 21, 2017
Docket Number: 2017 VT 21
State v. James Parker, Jr.
Date: March 20, 2017
Citation: 2017 VT 9
Docket Number: 2017-072
In re Atwood Planned Unit Development  
Date: March 17, 2017
Docket Number: 2017 VT 16

Justia Opinion Summary: A group of landowners (neighbors) adjacent to a proposed planned unit development (PUD) challenged the Environmental Division’s affirmance of the PUD permit. On appeal, neighbors argued that the Environmental Division im...

State v. William Edward Bailey
Date: March 10, 2017
Citation: 2017 VT 18
Docket Number: 2017-026
Vermont v. Bailey  
Date: March 10, 2017
Docket Number: 2017 VT 18

Justia Opinion Summary: In late 2016, Vermont State Police received a call from defendant William Bailey in which defendant told the police that he had accidentally shot his friend Daniel Hein and that Hein was likely dead. When the police arri...

State v. Malik A. Pratt
Date: March 6, 2017
Citation: 2017 VT 9
Docket Number: 2017-029
Vermont v. Pratt  
Date: March 6, 2017
Docket Number: 2017 VT 9

Justia Opinion Summary: Defendant appealed the trial court’s requirement that he post a secured appearance bond in the amount of $25,000 with a ten percent deposit to be paid to the court. Defendant was being held for lack of bail, and he argue...

McClellan v. Haddock  
Date: March 3, 2017
Docket Number: 2017 VT 13

Justia Opinion Summary: Plaintiff in this wrongful-death action appealed a trial court judgment dismissing her complaint as untimely. Plaintiff contended the trial court erred in: (1) denying her motion to amend the complaint to include a certi...

In re Guardianship of N.P.  
Date: March 3, 2017
Docket Number: 2017 VT 14

Justia Opinion Summary: Paternal grandmother and paternal aunt appealed a decision by the probate court dismissing their petition for guardianship over N.P., and a decision declaring as moot their motion to transfer guardianship proceedings to...

In re Appeal of the Estate of Elaine A. Holbrook  
Date: March 3, 2017
Docket Number: 2017 VT 15

Justia Opinion Summary: Testator Elaine A. Holbrook died on February 3, 2013. She was survived by six children, including appellant-executors David and Cheryl Holbrook, appellee Amy Holbrook, and seven grandchildren, including appellant-grandso...

In re A.M., E.M., L.M., Juveniles
Date: February 10, 2017
Citation: 2017 VT 5
Docket Number: 2016-249
Vermont College of Fine Arts v. City of Montpelier  
Date: February 10, 2017
Docket Number: 2017 VT 12

Justia Opinion Summary: This case concerned the taxable status of Schulmaier Hall, a building owned by the Vermont College of Fine Arts (VCFA), two-thirds of which VCFA rented to agencies of the State of Vermont (State) during the 2013 and 2014...

In re A.M., E.M., L.M.  
Date: February 10, 2017
Docket Number: 2017 VT 5

Justia Opinion Summary: Father appealed a family court judgment modifying the disposition plan and terminating his parental rights to the minors A.M., E.M., and L.M. After review of the record, the Supreme Court concluded that a single transgre...

The Bank of New York Mellon v. Marjorie Johnston and Kamberleigh Johnston
Date: February 9, 2017
Citation: 2012 VT 58
Docket Number: 2016-143
Marcus Rawls v. Laluni Rawls
Date: February 9, 2017
Citation: 2009 VT 77
Docket Number: 2016-147
Frederick E. Murray v. Kairie Murray
Date: February 9, 2017
Citation: 2009 VT 77
Docket Number: 2016-193
Eric Gracie v. Department of Labor (George Wohlgemuth Landscape, Employer)
Date: February 9, 2017
Citation: 2007 VT 29
Docket Number: 2016-211
State v. Andrew Stevens
Date: February 9, 2017
Citation: 2005 VT 19
Docket Number: 2016-219
Robert Grundstein v. Miriam Levin and Greg Sargeant
Date: February 9, 2017
Citation: 2007 VT 103
Docket Number: 2016-242
State v. Spencer Durham
Date: February 9, 2017
Citation: 2007 VT 124
Docket Number: 2016-252
State v. Mark W. Pomerantz
Date: February 9, 2017
Citation: 2003 VT 83
Docket Number: 2016-322
In re C.N. and D.N., Juveniles
Date: February 9, 2017
Citation: 2015 VT 89
Docket Number: 2016-358
In re C.R., Juvenile
Date: February 9, 2017
Docket Number: 2016-361
In re A.L., D. L. and D.L., Juveniles
Date: February 9, 2017
Citation: 2003 VT 90
Docket Number: 2016-362
In re G.G.
Date: February 3, 2017
Citation: 2017 VT 10
Docket Number: 2016-231
Estate of Jamis J. Lott v. Robin O'Neill
Date: February 3, 2017
Citation: 2017 VT 11
Docket Number: 2016-389
In re G.G.  
Date: February 3, 2017
Docket Number: 2017 VT 10

Justia Opinion Summary: The patient in this case, G.G., appealed a trial court’s denial of requests by him and his counsel to let him represent himself in his mental-health proceedings and from the court’s subsequent orders of continued treatme...

Estate of Jamis Lott v. O'Neill  
Date: February 3, 2017
Docket Number: 2017 VT 11

Justia Opinion Summary: Defendant was charged with aggravated murder and two counts of murder in the second degree in the deaths of two men. Plaintiff was the estate of one of the deceased men, which brought a wrongful death action on behalf of...

State v. Myron Bullock
Date: January 27, 2017
Citation: 2017 VT 7
Docket Number: 2017-006
State v. Myron Bullock
Date: January 27, 2017
Docket Number: 2017 VT 7
In re PRB No. 2013-145
Date: January 25, 2017
Citation: 2017 VT 8
Docket Number: 2017-007
In re PRB No. 2013-145
Date: January 25, 2017
Docket Number: 2017 VT 8
State v. Lamar Scales
Date: January 20, 2017
Citation: 2017 VT 6
Docket Number: 2015-224
Vermont v. Scales  
Date: January 20, 2017
Docket Number: 2017 VT 6

Justia Opinion Summary: In September 2014, defendant Lamar Scales was tried and convicted of three felony counts of lewd and lascivious conduct with a child that occurred between June 1, 2004 and June 1, 2006. He appealed his convictions, argui...

Myrick v. Peck Electric Company  
Date: January 13, 2017
Docket Number: 2016 VT 4

Justia Opinion Summary: Consolidated cases required the Vermont Supreme Court to revisit whether Vermont law recognized a cause of action for private nuisance based solely on aesthetic considerations. Appellants, a group of landowners from New...

In re P.K., Juvenile
Date: January 6, 2017
Citation: 2017 VT 3
Docket Number: 2016-257
In re P.K.  
Date: January 6, 2017
Docket Number: 2017 VT 3

Justia Opinion Summary: Mother appealed a superior court decision denying her motion to set aside a previous order terminating her parental rights to her daughter, P.K. Mother voluntarily relinquished her parental rights in the same proceeding...

Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter Shumlin
Date: January 4, 2017
Citation: 2017 VT 2
Docket Number: 2016-428
Turner v. Shumlin  
Date: January 4, 2017
Docket Number: 2017 VT 2

Justia Opinion Summary: Petitioners Representative Donald Turner, Jr. and Senator Joseph Benning, sought to enjoin respondent Governor Peter Shumlin (whose last day in office was January 5, 2017), from appointing a successor to the office held...

Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter Shumlin
Date: January 3, 2017
Citation: 2017 VT 1
Docket Number: 2016-428
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