Vermont Supreme Court Decisions 2020

In re Appeal of H.H.  
Date: December 31, 2020
Citation: 2020 VT 107
Docket Number: 2019-324

Justia Opinion Summary: Petitioner H.H. appealed a Vermont Human Services Board order upholding the Department for Children and Families’ (DCF’s) substantiation of a report that she placed her daughter at risk of harm from sexual abuse. The…

Vermont v. Gurung  
Date: December 31, 2020
Citation: 2020 VT 108
Docket Number: 2020-042

Justia Opinion Summary: The State of Vermont appealed a trial court order denying its motion for a mental examination of defendant Aita Gurung, who was charged with the first-degree murder of his wife and attempted first-degree murder of his…

State v. Patrick Navarre
Date: December 23, 2020
Docket Number: 2020-317
Vermont v. Brunetta  
Date: December 18, 2020
Citation: 2020 VT 109
Docket Number: 2020-034

Justia Opinion Summary: Defendant Anthony Brunetta appealed the civil suspension of his driver’s license for driving under the influence (DUI), arguing that the criminal division erred in denying his motion to suppress evidence he alleged was…

State v. Scott Sheltra
Date: December 18, 2020
Citation: 2018 VT 6
Docket Number: 2020-303
Noble v. Noble  
Date: December 4, 2020
Citation: 2020 VT 105
Docket Number: 2020-077

Justia Opinion Summary: Husband appealed the parties’ final divorce order relating to property division, arguing that the family division erred by: (1) barring him from conducting discovery of a non-party concerning a trust in which wife had an…

Edward Fisette & Nancy Fisette v. Michel Brosseau & Judy Scott
Date: December 4, 2020
Citation: 2015 VT 112
Docket Number: 2020-106
Richard J. Coburn v. David Creech & William Deckelbaum
Date: December 4, 2020
Citation: 2014 VT 33
Docket Number: 2020-140
Michelle Ross v. Stuart Robinson
Date: December 4, 2020
Citation: 2009 VT 11
Docket Number: 2020-148
In re S.F., Juvenile
Date: December 4, 2020
Citation: 2015 VT 120
Docket Number: 2020-149
In re appeal of K.C.
Date: December 4, 2020
Citation: 2010 VT 50
Docket Number: 2020-151
Nancy Clodgo v. Green Mountain Transit
Date: December 4, 2020
Citation: 2010 VT 10
Docket Number: 2020-157
Marjorie W. Johnston v. City of Rutland (Kamberleigh Johnston, Appellant)
Date: December 4, 2020
Citation: 2011 VT 81
Docket Number: 2020-194
In re A.T., Juvenile
Date: December 4, 2020
Citation: 2020 VT 95
Docket Number: 2020-206
In re H.B., Juvenile
Date: December 4, 2020
Citation: 2012 VT 108
Docket Number: 2020-225
State v. Jason Blow
Date: November 25, 2020
Citation: 2020 VT 106
Docket Number: 2020-276
W.H. v. Department for Children and Families  
Date: November 20, 2020
Citation: 2020 VT 104
Docket Number: 2020-055

Justia Opinion Summary: At issue in this case was whether Vermont had to recognize and register an Alabama order granting plaintiff father, W.H., sole physical and legal custody of juvenile M.P., who resided in Vermont and was in the custody of…

State v. Clyde S. Bovat
Date: November 17, 2020
Docket Number: 2018-362
In re Grundstein  
Date: November 13, 2020
Citation: 2020 VT 102
Docket Number: 2020-122

Justia Opinion Summary: Robert Grundstein appealed the Vermont Board of Bar Examiners’ determination that he failed to establish his eligibility for admission to the Vermont bar in connection with his 2019 application for admission by…

State v. Joshua J. Bessette
Date: November 12, 2020
Citation: 2008 VT 119
Docket Number: 2020-254
In re Eric Daley
Date: November 6, 2020
Citation: 2006 VT 5
Docket Number: 2019-339
Kneebinding, Inc. v. Howell  
Date: November 6, 2020
Citation: 2020 VT 99
Docket Number: 2019-368

Justia Opinion Summary: In 2003, Richard Howell invented a binding that has a “special, patented heel release designed to mitigate knee injuries . . . that are common in downhill skiing.” Howell formed a business relationship with John…

State v. Steve R. Desjardin
Date: November 6, 2020
Citation: 2005 VT 74
Docket Number: 2019-414
Peralta v. Brannan  
Date: November 6, 2020
Citation: 2020 VT 100
Docket Number: 2020-060

Justia Opinion Summary: Ashlie Brannan appealed a trial court’s determination that Ashton Peralta was a de facto parent of A.Z. pursuant to 15C V.S.A. 501. She argued the court erred both in denying her motion to dismiss and in evaluating the…

Ashley Nicole Flickinger v. Kevin Hannon
Date: November 6, 2020
Citation: 2018 VT 96
Docket Number: 2020-069
Jennifer Dasler v. Timothy Dasler
Date: November 6, 2020
Docket Number: 2020-124
In re Appeal of Lesley Bienvenue
Date: November 6, 2020
Docket Number: 2020-129
In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.)  
Date: November 6, 2020
Citation: 2020 VT 98
Docket Number: 2020-147

Justia Opinion Summary: Plaintiff R.L. Vallee, Inc. appealed the Environmental Division’s decision granting an Act 250 permit to the Vermont Agency of Transportation (VTrans) for a highway project involving the reconfiguration of an interstate…

Nicholas Vosinek & Alycia Vosinek v. Town of Maidstone
Date: November 6, 2020
Citation: 2009 VT 32
Docket Number: 2020-159
In re J.T., Juvenile
Date: November 6, 2020
Citation: 2011 VT 124
Docket Number: 2020-188
In re A.M., H.M., B.M., Juveniles
Date: November 6, 2020
Citation: 2016 VT 130
Docket Number: 2020-193
State v. David Downing
Date: October 19, 2020
Citation: 2020 VT 97
Docket Number: 2020-258
Vermont v. Nelson  
Date: October 16, 2020
Citation: 2020 VT 94
Docket Number: 2018-333

Justia Opinion Summary: Defendant Morris Nelson appealed his convictions for: (1) repeated aggravated sexual assault as part of a common scheme and plan; (2) sexual assault of a victim under the age of eighteen entrusted to his care by…

Vermont v. Williams  
Date: October 16, 2020
Citation: 2020 VT 91
Docket Numbers: 2019-022, 2019-023

Justia Opinion Summary: Defendants Peter Williams and Peter Boissoneault brought a consolidated appeal of the criminal court’s denial of motions to exclude evidence filed in their respective driving under the influence, third offense (DUI-3)…

Lanfear v. Ruggerio & Fennimore  
Date: October 16, 2020
Citation: 2020 VT 84
Docket Number: 2019-408

Justia Opinion Summary: Plaintiff appealed the family division’s decision declining to adjudicate her a de facto parent of J.F. pursuant to 15C V.S.A. 501(b). The family division found that plaintiff had failed to demonstrate by clear and…

Vermont v. Caron  
Date: October 16, 2020
Citation: 2020 VT 96
Docket Number: 2020-057

Justia Opinion Summary: Defendant Robert Caron, Sr. appealed his conviction by jury of sexual assault–no consent. In June 2018, complainant, then thirty-four years old, reported to the Bennington Police Department that she had been sexually…

Blake v. Petrie  
Date: October 16, 2020
Citation: 2020 VT 92
Docket Number: 2020-070

Justia Opinion Summary: Damon Petrie appealed the family division’s denial of his motion to dismiss his ex-wife, Angela Blake’s, attempt to enforce a judgment she obtained in their divorce action. Petrie claimed enforcement of the judgment was…

In re A.M. & G.M.  
Date: October 16, 2020
Citation: 2020 VT 95
Docket Number: 2020-097

Justia Opinion Summary: Parents appealed the termination of their rights in A.M. and G.M., ages five and four. Parents struggled with substance abuse and were incarcerated periodically during the underlying proceedings. In January 2018, the…

Scheffler v. Harrington  
Date: October 16, 2020
Citation: 2020 VT 93
Docket Number: 2020-102

Justia Opinion Summary: Defendant Raymond Harrington appealed the issuance of a relief-from-abuse order requiring him to have no contact with and stay a hundred feet away from plaintiff Melissa Scheffler (his sister), her residence, and their…

In re A.P., Juvenile  
Date: October 9, 2020
Citation: 2020 VT 86
Docket Number: 2019-246

Justia Opinion Summary: Juvenile A.P. appealed an adjudication of delinquency based on “open and gross lewdness and lascivious behavior” under 13 V.S.A. section 2601. Juvenile argued: (1) the evidence did not support a finding that his conduct…

Vermont National Telephone Company v. Department of Taxes  
Date: October 9, 2020
Citation: 2020 VT 83
Docket Number: 2019-280

Justia Opinion Summary: Vermont National Telephone Company (VNT) appealed the state Commissioner of Taxes’ determination that, pursuant to Department of Taxes Regulation section 1.5833-1, the capital gain VNT earned from the 2013 sale of two…

State v. Christian James
Date: October 9, 2020
Citation: 2007 VT 124
Docket Number: 2019-313
State of Vermont v. Brenda Marie Thomson
Date: October 9, 2020
Citation: 2020 VT 46
Docket Number: 2020-038
Michelle Kirby v. Jamie Wool
Date: October 9, 2020
Citation: 2005 VT 36
Docket Number: 2020-046
In re Founder's Hall Act 250 (Sara Dillon, Appellant)
Date: October 9, 2020
Citation: 2019 VT 52
Docket Number: 2020-068
In re James Rivers
Date: October 9, 2020
Citation: 2014 VT 27
Docket Number: 2020-103
In re John Brooks
Date: October 9, 2020
Citation: 2015 VT 76
Docket Number: 2020-165
Khan et al. v. v. Alpine Haven Property Owners' Assn., Inc.  
Date: October 2, 2020
Citation: 2020 VT 90
Docket Number: 2019-184

Justia Opinion Summary: In prior proceedings, the Vermont Supreme Court remanded this case involving Alpine Haven, a residential development in the Towns of Montgomery and Westfield, Vermont. The case was remanded to the trial court for a…

Vermont v. Stephens  
Date: October 2, 2020
Citation: 2020 VT 87
Docket Number: 2019-212

Justia Opinion Summary: Defendant Robert Stephens appealed after he was convicted by jury of attempted sexual assault. On appeal, he argued: (1) the State’s evidence at trial was insufficient to establish the offense charged in the State’s…

Alpine Haven Property Owners' Assn, Inc. v. Deptula  
Date: October 2, 2020
Citation: 2020 VT 88
Docket Number: 2019-242

Justia Opinion Summary: Homeowner Edward Deptula appealed pro se a judgment in favor of plaintiff Alpine Haven Property Owners’ Association, Inc. (AHPOA) and third-party defendants Estate of Robert Gensburg and Gensburg & Greaves, PLLC…

In re ACTD LLC, d/b/a The Green Mountain Surgery Center  
Date: October 2, 2020
Citation: 2020 VT 89
Docket Number: 2019-245

Justia Opinion Summary: During the certificate of need (CON) application process, applicant ACTD, LLC (operator of the Green Mountain Surgery Center (GMSC), a for-profit multi-specialty ambulatory surgery center), indicated that it initially…

Fabiano v. Cotton  
Date: September 25, 2020
Citation: 2020 VT 85
Docket Number: 2020-011

Justia Opinion Summary: Plaintiff challenged the trial court’s order granting defendant’s motion to modify the parties’ parenting schedule. The parties were married in 2012. Plaintiff gave birth to their child in 2015, and defendant adopted the…

In re C.B., Juvenile  
Date: September 25, 2020
Citation: 2020 VT 80
Docket Number: 2020-111

Justia Opinion Summary: Father appealed a family division order terminating his parental rights to his son C.B., born in August 2016. The State filed a petition alleging that C.B. was a child in need of care or supervision (CHINS) in October…

Vermont v. Rillo  
Date: September 11, 2020
Citation: 2020 VT 82
Docket Number: 2019-047

Justia Opinion Summary: Defendant Jacob Rillo appealed his conviction for selling or dispensing a regulated drug (fentanyl) with death resulting, arguing that his guilty plea lacked a factual basis. After review of the trial court record, the…

VTRE Investments, LLC v. MontChilly, Inc.  
Date: September 11, 2020
Citation: 2020 VT 77
Docket Number: 2019-387

Justia Opinion Summary: Defendant, MontChilly, Inc., appealed a trial court’s order requiring it to remove portions of a fence that interfered with plaintiff VTRE Investments, LLC's easement for ingress and egress. MontChilly also contended the…

State v. Roger H. Demers
Date: September 4, 2020
Citation: 2016 VT 85
Docket Number: 2019-278
Osmo Mahmutovic v. Salvation Army
Date: September 4, 2020
Citation: 2016 VT 17
Docket Number: 2020-056
Rebecca Parker v. University of Vermont Medical Center
Date: September 4, 2020
Citation: 2019 VT 6
Docket Number: 2020-058
Brian LeClair v. Michael Touchette
Date: September 4, 2020
Citation: 2018 VT 121
Docket Number: 2020-074
Plaintiff v. Defendant
Date: September 4, 2020
Citation: 2008 VT 52
Docket Number: 2020-096
Sarah A. Spengler v. SOVEREIGN-NAAN KEENAN-PHILLIP OF-ALLODIUM (Keenan Kurt)
Date: September 4, 2020
Citation: 2019 VT 85
Docket Number: 2020-100
Michael Johnson & Joseph M. Finnigan II v. Smith Brothers Insurance LLC & Scott J. Garcia
Date: September 4, 2020
Citation: 2010 VT 37
Docket Number: 2020-101
In re M.K., Juvenile
Date: September 4, 2020
Citation: 2016 VT 130
Docket Number: 2020-142
In re A.D., Juvenile
Date: September 4, 2020
Docket Number: 2020-144
Department of Labor v. Eustis Cable Enterprises, Ltd.
Date: September 1, 2020
Citation: 2018 VT 41
Docket Number: 2020-199
Progressive Northern Insurance Company v. Muller  
Date: August 28, 2020
Citation: 2020 VT 76
Docket Number: 2019-333

Justia Opinion Summary: Todd and Melissa Muller appealed a superior court decision granting summary judgment to their insurer, Progressive Northern Insurance Company. The Mullers challenged the court’s conclusions on how the setoff provision of…

In re Grievance of Michael Welch  
Date: August 14, 2020
Citation: 2020 VT 72
Docket Number: 2019-075

Justia Opinion Summary: Both the Vermont State Employees’ Association (VSEA) and the State of Vermont appealed a Labor Relations Board decision sustaining and dismissing in part a grievance filed by the VSEA on behalf of grievant Michael Welch,…

Vermont v. Welch  
Date: August 14, 2020
Citation: 2020 VT 74
Docket Number: 2019-255

Justia Opinion Summary: Defendant Gregory Welch was convicted by jury of lewd and lascivious conduct. At trial, the State introduced evidence that defendant fled when police tried to arrest him, and the court instructed the jury on the use of…

Richard A. Gay v. Therese M. Brock
Date: August 14, 2020
Citation: 2019 VT 59
Docket Number: 2019-327
State of Vermont v. Dustin Deberville
Date: August 14, 2020
Citation: 2006 VT 26
Docket Number: 2019-411
Agency of Transportation v. Timberlake Associates et al.  
Date: August 14, 2020
Citation: 2020 VT 73
Docket Number: 2019-423

Justia Opinion Summary: R.L. Vallee, Inc. appealed the superior court’s denial of its motion to intervene in a state condemnation action seeking property rights for a highway project. Vallee argued: (1) it had a right to intervene under Vermont…

in re C.S., Juveniles
Date: August 14, 2020
Citation: 2014 VT 37
Docket Number: 2020-004
Casey S. Robinson v. Erin LaRocque
Date: August 14, 2020
Citation: 2019 VT 11
Docket Number: 2020-029
Cherylyn Ramos v. Richard Niquette
Date: August 14, 2020
Citation: 2011 VT 26
Docket Number: 2020-059
Brian Butler v. Michael Touchette
Date: August 14, 2020
Citation: 2019 VT 32
Docket Number: 2020-066
Kristi Lee Whalen v. Abderrahim Mellal
Date: August 14, 2020
Citation: 2018 VT 96
Docket Number: 2020-115
n re S.K. & A.K., Juveniles
Date: August 14, 2020
Citation: 2012 VT 108
Docket Number: 2020-126
In re Frank Fellows
Date: August 14, 2020
Citation: 2013 VT 45
Docket Number: 2020-136
Hinkson v. Stevens  
Date: August 7, 2020
Citation: 2020 VT 69
Docket Number: 2019-049

Justia Opinion Summary: Plaintiff lived in Stowe, Vermont with her husband C.D. and their teenage daughter. Plaintiff and her husband co-founded a business, Transegy, LLC, that provided leadership development and executive coaching. Plaintiff…

Green Mountain Fireworks, LLC, et al. v. Town of Colchester et al.  
Date: August 7, 2020
Citation: 2020 VT 64
Docket Numbers: 2019-131, 2019-132

Justia Opinion Summary: In May 2018, appellants Green Mountain Fireworks, LLC and its owner Matthew Lavigne, began selling fireworks from a retail store in Colchester, Vermont. As described in their complaint, the “intended purpose” for the…

Martinez v. Town of Hartford  
Date: August 7, 2020
Citation: 2020 VT 70
Docket Number: 2019-400

Justia Opinion Summary: Taxpayer Gabriel Martinez appealed a Property Valuation and Review Division (PVR) hearing officer's decision setting the fair market value of his property for purposes of the 2017 Town of Hartford grand list. Taxpayer…

Golden v. Worthington  
Date: August 7, 2020
Citation: 2020 VT 71
Docket Number: 2020-043

Justia Opinion Summary: Father, Joe Golden, challenged a family division magistrate’s order requiring him to continue paying child support past his son S.W.’s eighteenth birthday while S.W. was enrolled in a home-study program. Father argued…

Sutton et al. v. Vermont Regional Center et al.  
Date: July 31, 2020
Citation: 2019 VT 71
Docket Number: 2018-158

Justia Opinion Summary: Plaintiff-investors appealed the dismissal of their claims against the Vermont Agency of Commerce and Community Development (ACCD) and current and former state employees arising from the operation of a federally licensed…

Vermont v. Hinton  
Date: July 31, 2020
Citation: 2020 VT 68
Docket Number: 2019-097

Justia Opinion Summary: Defendant Matthew Hinton appealed a superior court’s sentence following his guilty plea to escaping from furlough. Defendant argued that new legislation decriminalizing the conduct should have been applied retroactively…

Patricia Kane v. Theresa Stone
Date: July 30, 2020
Docket Number: 2020-198
Vermont v. Harwood  
Date: July 24, 2020
Citation: 2020 VT 65
Docket Number: 2019-034

Justia Opinion Summary: Defendant Michael Harwood appealed after a trial court concluded he violated one of the conditions of his probation. In 2017, defendant was charged by information with one count of aggravated domestic assault, and two…

In re Mountain Top Inn & Resort, JO 1-391 (Hall, Appellant)  
Date: July 24, 2020
Citation: 2020 VT 57
Docket Number: 2019-082

Justia Opinion Summary: Katherine Hall appealed an Environmental Division decision granting summary judgment to Chittenden Resorts, LLC and RMT Associates, d/b/a Mountain Top Inn & Resort (the Resort). The Environmental Division concluded the…

Vermont v. Gauthier  
Date: July 24, 2020
Citation: 2020 VT 66
Docket Number: 2019-233

Justia Opinion Summary: Defendant Thomas Gauthier appealed his conviction for violating the Sex Offender Registration Act after he he knowingly failed to comply with reporting requirements while released on furlough status. He argued on appeal…

Caroline Maier v. Siegfried Maier
Date: July 24, 2020
Citation: 2020 VT 63
Docket Number: 2019-405
State v. Brent Dean Booker, Jr.
Date: July 24, 2020
Citation: 2014 VT 38
Docket Number: 2020-189
State v. Joseph Albert Wedge Jr.
Date: July 17, 2020
Citation: 2016 VT 119
Docket Number: 2019-310
State v. Richard McLauchlan
Date: July 17, 2020
Citation: 2019 VT 17
Docket Number: 2019-325
State v. Titus Peters
Date: July 17, 2020
Citation: 2012 VT 4
Docket Number: 2019-362
In re D.B., Juvenile
Date: July 17, 2020
Citation: 2016 VT 130
Docket Number: 2020-033
Pearl Street Partners LLC v. Backstage LLC, Vincent Dober, Sr. & People’s United Bank
Date: July 17, 2020
Citation: 2016 VT 64
Docket Number: 2020-039
In re J.A. & A.A., Juveniles
Date: July 17, 2020
Citation: 2011 VT 124
Docket Number: 2020-047
In re Frank Fellows
Date: July 17, 2020
Citation: 2007 VT 54
Docket Number: 2020-051
In re J.N.-A., Juvenile
Date: July 17, 2020
Citation: 2012 VT 100
Docket Number: 2020-075
Daniel Banyai v. Town of Pawlet
Date: July 17, 2020
Citation: 2010 VT 38
Docket Number: 2020-087
Tabitha Escobedo v. Ernesto Escobedo
Date: July 17, 2020
Citation: 2014 VT 65
Docket Number: 2020-089
In re C.L., A.L., K.L., Juveniles
Date: July 17, 2020
Citation: 2006 VT 114
Docket Number: 2020-112
In re R.C., V.C., A.N., W.W., J.B., Juveniles
Date: July 17, 2020
Citation: 2014 VT 38
Docket Number: 2020-119
Vermont v. Allcock  
Date: July 10, 2020
Citation: 2020 VT 60
Docket Number: 2019-015

Justia Opinion Summary: Defendant Christina Allcock appealed her convictions for aggravated assault on a police officer, simple assault on a police officer, and impeding a police officer. Law enforcement responded to an emergency call in March…

In re Joseph S. Benoit v. (State of Vermont, Appellant)  
Date: July 10, 2020
Citation: 2020 VT 58
Docket Number: 2019-072

Justia Opinion Summary: The issue presented for the Vermont Supreme Court's review in this interlocutory appeal centered on the available legal means for collaterally challenging a predicate conviction to an enhanced charge in light of two…

Athens School District et al. v. Vermont State Board of Education et al.  
Date: July 10, 2020
Citation: 2020 VT 52
Docket Numbers: 2019-185, 2019-241

Justia Opinion Summary: Plaintiffs, a number of independent school districts, school boards, parents, students, and citizens, challenged the implementation of Act 46, as amended by Act 49, regarding the involuntary merger of school districts.…

In re Estate of Patricia Bixby McHugo (Susan Inouye, Appellant)  
Date: July 10, 2020
Citation: 2020 VT 59
Docket Number: 2019-257

Justia Opinion Summary: Appellant Susan Inouye challenged the probate division's allowance of her mother's most recent will. Testator was ninety-two years old and a resident of Windsor County, Vermont when she died in 2016. Testator previously…

Huntington School District v. Vermont State Board of Education et al.  
Date: July 10, 2020
Citation: 2020 VT 53
Docket Number: 2019-337

Justia Opinion Summary: Plaintiff Huntington School District appealed the civil division’s order dismissing its complaint on motion of the two state defendants and granting defendant Mount Mansfield Modified Unified Union School District's…

In re Lewis Y. Birt  
Date: July 10, 2020
Citation: 2020 VT 55
Docket Number: 2020-012

Justia Opinion Summary: Applicant Lewis Birt successfully completed Vermont’s Law Office Study (LOS) Program in April 2000. Thereafter, applicant sat for the Vermont bar exam four times between 2002 and 2004, failing each time. In July 2019,…

State v. Brandon Brown
Date: July 10, 2020
Citation: 2020 VT 41
Docket Number: 2020-177
State v. Stephen White
Date: July 10, 2020
Citation: 2020 VT 62
Docket Number: 2020-179
State v. Travis J. Simpson
Date: July 7, 2020
Citation: 2005 VT 74
Docket Number: 2020-161
In re A.A.  
Date: June 19, 2020
Citation: 2020 VT 48
Docket Number: 2019-150

Justia Opinion Summary: A.A., born in February 2003, was first adjudicated delinquent and placed at Woodside, a secure treatment facility for juveniles, in September 2016. He was placed back in his home in the continued custody of the…

Friends of Pine Street d/b/a Pine Street Coalition v. City of Burlington  
Date: June 19, 2020
Citation: 2020 VT 43
Docket Number: 2019-206

Justia Opinion Summary: Plaintiff, the Friends of Pine Street d/b/a Pine Street Coalition (Coalition), filed suit attempting to challenge the City of Burlington’s necessity order relating to the construction of the Champlain Parkway project.…

Fortieth Burlington, LLC v. City of Burlington  
Date: June 19, 2020
Citation: 2020 VT 45
Docket Number: 2019-218

Justia Opinion Summary: Plaintiff Fortieth Burlington, LLC filed suit to challenge the City of Burlington’s decision that there was a reasonable need to lay out a portion of roadway for part of a project known as the Champlain Parkway. The…

In re Hopkins Certificate of Compliance (Boudreau, Appellant)  
Date: June 19, 2020
Citation: 2020 VT 47
Docket Number: 2019-249

Justia Opinion Summary: Bernard Boudreau appealed the environmental division’s dismissal of his appeal of a Manchester Development Review Board (MDRB) decision for lack of jurisdiction. The Vermont Supreme Court concluded that Boudreau’s appeal…

Newton v. Preseau  
Date: June 19, 2020
Citation: 2020 VT 50
Docket Number: 2019-297

Justia Opinion Summary: Plaintiff Bradley Newton, who was injured when his brother’s truck broke apart while on a lift in plaintiff’s garage, appealed the civil division’s decision granting summary judgment to defendants associated with the…

Vermont v. Huston  
Date: June 19, 2020
Citation: 2020 VT 46
Docket Number: 2019-361

Justia Opinion Summary: Defendant Shannon Huston was stopped by a law-enforcement officer in July 2019 and received notice that the Department of Motor Vehicles (DMV) intended to suspend her license to operate a motor vehicle. Prior to a…

In re Carrie J. Legus, Esq. (Office of Disciplinary Counsel, Appellant)
Date: June 19, 2020
Citation: 2020 VT 49
Docket Number: 2020-135
Wool v. Office of Professional Regulation  
Date: June 12, 2020
Citation: 2020 VT 44
Docket Number: 2019-281

Justia Opinion Summary: Petitioner Kirk Wool appeals the superior court’s dismissal of his petition for mandamus relief against the Office of Professional Regulation (OPR) for lack of standing and for failure to state a claim upon which relief…

State v. Gail Marie Jones
Date: June 5, 2020
Citation: 2015 VT 11
Docket Number: 2019-200
Heidi Putnam v. Errol J. Tabacco
Date: June 5, 2020
Citation: 2005 VT 89
Docket Number: 2019-252
Amy Elliott v. Dane Kross
Date: June 5, 2020
Docket Number: 2019-286
In re Jeffrey C. Davis
Date: June 5, 2020
Citation: 2018 VT 33
Docket Number: 2019-307
In re Darrell F. Day
Date: June 5, 2020
Citation: 2018 VT 5
Docket Number: 2019-329
Barbara Thrasher v. John Finity
Date: June 5, 2020
Citation: 2004 VT 83
Docket Number: 2019-365
Robert Grundstein v. PennyMac Bank/Successor in Interest
Date: June 5, 2020
Citation: 2016 VT 93
Docket Number: 2019-371
Kent Armstrong v. Charles A. Wojack
Date: June 5, 2020
Docket Number: 2019-379
Maarit Madden v. William A. Madden
Date: June 5, 2020
Citation: 2014 VT 78
Docket Number: 2019-389
Gary Fisk v. Dr. Robert D. Pitts, Porter Hospital, Inc. & Porter Medical Center, Inc.
Date: June 5, 2020
Citation: 2012 VT 28
Docket Number: 2019-392
Misbah Abdul-Kareem v. Town of Brattleboro
Date: June 5, 2020
Citation: 2015 VT 37
Docket Number: 2020-005
Albert Benson & Rebecca Benson v. Joshua J. Lowe
Date: June 5, 2020
Citation: 2010 VT 91
Docket Number: 2020-021
In re C.T., Juvenile
Date: June 5, 2020
Docket Number: 2020-045
Amber Bradley, Billy Noyes & Tyler A. Noyes v. John A. Bradley & Sharon Bradley
Date: June 5, 2020
Citation: 2008 VT 4
Docket Number: 2020-049
In re E.J.D., Juvenile
Date: June 5, 2020
Citation: 2018 VT 132
Docket Number: 2020-072
Vermont v. Ferguson  
Date: May 29, 2020
Citation: 2020 VT 39
Docket Numbers: 2018-061, 2019-190, 2018-067, 2019-196

Justia Opinion Summary: Defendants Thomas and Katherine Ferguson appealed their respective convictions for animal cruelty and a judgment for animal forfeiture, both arising from the conditions in which they kept over twenty animals in their…

Vermont v. Kandzior  
Date: May 29, 2020
Citation: 2020 VT 37
Docket Number: 2019-069

Justia Opinion Summary: Defendant Loren Kandzior challenged his conviction on one count of sexual assault on two grounds: (1) that the trial court erred by excluding evidence of a prior false rape allegation; and (2) that his right to a fair…

Construction Drilling, Inc. v. Engineers Construction, Inc.  
Date: May 29, 2020
Citation: 2020 VT 38
Docket Numbers: 2019-205, 2019-096

Justia Opinion Summary: Subcontractor Construction Drilling, Inc. (CDI) appealed a trial court’s judgment on the merits in its breach-of-contract claim against Engineers Construction, Inc. (ECI). CDI contended the trial court erred in: (1)…

In re Carrie J. Legus, Esq. (Office of Disciplinary Counsel)
Date: May 22, 2020
Citation: 2020 VT 40
Docket Number: 2020-135
Bourdeau Bros., Inc. v. Boissonneault Family Farm, Inc. et al.  
Date: May 8, 2020
Citation: 2020 VT 35
Docket Number: 2019-166

Justia Opinion Summary: Plaintiff Bourdeau Bros., Inc. was a Vermont company that sold agricultural supplies, feed, and chemicals. Defendants operated a dairy farm in Georgia, Vermont. In July 2016, plaintiff sued defendant Boissonneault Family…

Mullinnex et al . v. Menard et al.  
Date: May 8, 2020
Citation: 2020 VT 33
Docket Number: 2019-180

Justia Opinion Summary: Defendants Michael Touchette and Centurion Healthcare brought an interlocutory appeal of a trial court's certification of a class of plaintiffs in a Vermont Rule 75 action. The certified class was comprised of people in…

In re A.W. & A.W.  
Date: May 8, 2020
Citation: 2020 VT 34
Docket Number: 2020-015

Justia Opinion Summary: Daughter A.W. was born in October 2013 and son A.W. was born in June 2017. In February 2019, father was charged with domestic assault for attempting to strangle daughter, who was five years old at the time. As a result,…

State v. Skyler C. Bushey
Date: May 1, 2020
Citation: 2009 VT 96
Docket Number: 2019-235
State v. Keith N. Powers
Date: May 1, 2020
Citation: 2016 VT 92
Docket Number: 2019-289
In re A.M., Juvenile
Date: May 1, 2020
Citation: 2015 VT 87
Docket Number: 2019-380
Matthew Chapa & Katelyn Chapa v. Barbara Gay
Date: May 1, 2020
Citation: 2013 VT 115
Docket Number: 2019-401
Soon K. Kwon v. Eric Edson and Dina Well
Date: May 1, 2020
Citation: 2019 VT 59
Docket Number: 2019-403
In re R.T., Juvenile
Date: May 1, 2020
Citation: 2013 VT 29
Docket Number: 2019-417
In re T.L. & T.L., Juveniles
Date: May 1, 2020
Citation: 2012 VT 105
Docket Number: 2019-418
McCarthy Construction LLC v. Department of Labor
Date: May 1, 2020
Citation: 2017 VT 51
Docket Numbers: 2019-420, 2019-421
In re G.B., Juvenile
Date: May 1, 2020
Citation: 2004 VT 125
Docket Number: 2020-018
In re E.C., Juvenile
Date: May 1, 2020
Citation: 2020 VT 1
Docket Number: 2020-019
In re C.S. & L.S., Juveniles
Date: May 1, 2020
Citation: 2014 VT 17
Docket Number: 2020-020
Paul F. Reis v. Ben & Jerry's Homemade & Liberty Mutual Insurance Co.
Date: May 1, 2020
Citation: 2011 VT 3
Docket Number: 2020-040
In re Appeal of Mark Flynn
Date: April 30, 2020
Citation: 2017 VT 54
Docket Number: 2020-005
State v. Joshua Billado
Date: April 22, 2020
Docket Number: 2020-121
Randall v. Hooper  
Date: April 10, 2020
Citation: 2020 VT 32
Docket Number: 2019-215

Justia Opinion Summary: MiHae (Hooper) Randall (mother) filed a motion with the family division requesting Timothy Randall (father) pay a portion of her attorney’s fees relating to proceedings modifying the parties' parental rights and…

Civetti v. Turner  
Date: April 3, 2020
Citation: 2020 VT 23
Docket Number: 2019-036

Justia Opinion Summary: The trial court dismissed plaintiff Paul Civetti's negligence action against the Town of Isle La Motte and the Town Road Commissioner on grounds that: (1) because the Road Commissioner was an “appointed or elected…

State v. Scott Perky
Date: April 3, 2020
Citation: 2019 VT 89
Docket Number: 2019-168
In re W.C., Juvneile
Date: April 3, 2020
Citation: 2015 VT 114
Docket Number: 2019-191
In re Ronald A. Beaudoin
Date: April 3, 2020
Citation: 2018 VT 50
Docket Number: 2019-260
Joseph Heim v. Mike Touchette
Date: April 3, 2020
Citation: 2008 VT 47
Docket Number: 2019-288
Donald Bishop v. Town of Springfield
Date: April 3, 2020
Citation: 2011 VT 122
Docket Number: 2019-291
State v. Bryan Houle
Date: April 3, 2020
Citation: 2017 VT 59
Docket Number: 2019-295
Alison Wallis-Buxton v. Garrison Buxton
Date: April 3, 2020
Citation: 2013 VT 29
Docket Number: 2019-363
William Hansen Jr. & Rebecca DeLabruere v. Town of Irasburg
Date: April 3, 2020
Citation: 2020 VT 11
Docket Number: 2019-374
In re M.G. & P.G., Juveniles
Date: April 3, 2020
Citation: 2017 VT 71
Docket Number: 2019-409
Vermont v. Burnett  
Date: March 20, 2020
Citation: 2020 VT 28
Docket Number: 2018-240

Justia Opinion Summary: Defendant Austin Burnett appealed a trial court’s decision that he violated a condition of his probation. Defendant’s relevant underlying convictions were for sexual assault of a victim under the age of sixteen and…

Vermont v. Clinton-Aimable  
Date: March 20, 2020
Citation: 2020 VT 30
Docket Number: 2018-355

Justia Opinion Summary: Defendant Henry Clinton-Aimable appealed his conviction of knowing and unlawful possession of more than one ounce of cocaine. Defendant was charged with possession of cocaine following a traffic stop. On appeal, he…

State V. Jennifer L. Jarvis
Date: March 20, 2020
Citation: 2019 VT 58
Docket Numbers: 2019-062, 2019-140
In re Harold Porter
Date: March 20, 2020
Citation: 2014 VT 89
Docket Number: 2019-098
Vermont v. Nagel  
Date: March 20, 2020
Citation: 2020 VT 31
Docket Number: 2019-101

Justia Opinion Summary: Defendant Eric Nagel appeals from the trial court’s denial of his motion to suppress and dismiss. A deputy sheriff driving along Route 2 recognized the vehicle in front of him from previous law enforcement encounters. He…

Vermont v. Galloway  
Date: March 20, 2020
Citation: 2020 VT 29
Docket Number: 2019-110

Justia Opinion Summary: Defendant Darryl Galloway appealed a trial court’s conclusion that he violated a condition of probation when he failed to complete a sex-offender treatment program while incarcerated. He argued that the Department of…

State v. Margaret S. Zarvis
Date: March 20, 2020
Citation: 2012 VT 53
Docket Number: 2019-143
State v. Robert Gibbs
Date: March 20, 2020
Citation: 2016 VT 119
Docket Number: 2019-194
Gyan Baird v. Alexander Leveille
Date: March 20, 2020
Docket Number: 2019-198
State v. Kandeh Kebbie
Date: March 20, 2020
Citation: 2007 VT 124
Docket Number: 2019-203
Zlotoff Foundation, Inc. v. Town of South Hero  
Date: March 20, 2020
Citation: 2020 VT 25
Docket Number: 2019-213

Justia Opinion Summary: At issue in this case was the tax status of a 9.9-acre parcel of land containing an 11,500-square-foot garage that was owned and used by Zlotoff Foundation, Inc., a nonprofit charitable organization, for the purpose of…

Cheryl J. Brown v. Verne Backus, M.D.
Date: March 20, 2020
Citation: 2018 VT 1
Docket Number: 2019-261
Plaintiff v. Defendant
Date: March 20, 2020
Citation: 2019 VT 3
Docket Number: 2019-284
In re Walter Thompson Jr.
Date: March 20, 2020
Citation: 2017 VT 79
Docket Number: 2019-294
Tatese Birch v. Vermont Mutual Insurance Company
Date: March 20, 2020
Citation: 2015 VT 52
Docket Number: 2019-328
In re P.H., Juvenile
Date: March 20, 2020
Citation: 2019 VT 90
Docket Number: 2019-383
State v. James C. Lohr
Date: March 17, 2020
Citation: 2014 VT 132
Docket Number: 2020-078
Vermont v. Gates  
Date: March 13, 2020
Citation: 2020 VT 21
Docket Number: 2018-116

Justia Opinion Summary: Defendant appealed his conviction for first-degree aggravated domestic assault. On appeal, he argued the trial court denied him the right to a fair trial by refusing to grant immunity to his witness or to compel the…

Vermont v. Davis  
Date: March 13, 2020
Citation: 2020 VT 20
Docket Number: 2018-319

Justia Opinion Summary: Defendant appealed after she was convicted for conspiracy to commit heroin trafficking. On appeal, she argued the trial court erred in: (1) denying her motion for judgment of acquittal because the State failed to prove…

Doncaster v. Hane  
Date: March 13, 2020
Citation: 2020 VT 22
Docket Number: 2019-077

Justia Opinion Summary: The parties in this case disputed access to a segment of road that extended across defendant's property and onto plaintiff's property. The superior court determined plaintiffs had the right to use the road because it was…

Bartlett v. Roberts  
Date: March 10, 2020
Citation: 2020 VT 24
Docket Number: 2019-197

Justia Opinion Summary: Plaintiff sued for quiet title to prevent defendants from using a road that passed through her property to access defendants' adjacent property. The superior court granted summary judgment in favor of defendants, because…

Vermont Federation of Sportsmen's Clubs et al. v. Matthew Birmingham et al.
Date: March 10, 2020
Citation: 2020 VT 27
Docket Number: 2019-373
State of Vermont v. Angela M. Auclair
Date: March 10, 2020
Citation: 2020 VT 26
Docket Number: 2020-054
In re Gregory FitzGerald  
Date: February 28, 2020
Citation: 2020 VT 14
Docket Number: 2015-437

Justia Opinion Summary: Petitioner Gregory FitzGerald appealed two superior court decisions entering judgment for the State on his petition for post-conviction relief (PCR). On appeal, petitioner argued he was prejudiced by the cumulative…

Vermont v. Rolls  
Date: February 28, 2020
Citation: 2020 VT 18
Docket Number: 2018-274

Justia Opinion Summary: Defendant Brandon Rolls was charged with aggravated sexual assault of a minor, was acquitted by a jury of that charge, but convicted of the lesser-included offense of sexual assault. Defense counsel objected to the…

Town of Bennington v. Knight  
Date: February 28, 2020
Citation: 2020 VT 17
Docket Number: 2019-021

Justia Opinion Summary: Defendant Clay Knight appealed the civil division’s affirming a small-claims award to the Town of Bennington for reimbursement of defendant’s salary and benefits pursuant to a contract between defendant and the Town.…

T.C. v. L.D.  
Date: February 28, 2020
Citation: 2020 VT 19
Docket Number: 2019-229

Justia Opinion Summary: Plaintiff T.C. sought an order of protection against stalking or sexual assault (SSA order) against defendant L.D. Plaintiff was seventeen at the time she sought the order; defendant was thirteen. The court dismissed…

Brillman v. New England Guaranty Insurance Company, Inc.  
Date: February 21, 2020
Citation: 2020 VT 16
Docket Number: 2019-115

Justia Opinion Summary: At issue in this case before the Vermont Supreme Court was the meaning of “date of loss” for the purpose of an insurance policy’s condition that any action be commenced within one year after the “date of loss.” The trial…

In re Snyder Group, Inc. PUD Final Plat  
Date: February 21, 2020
Citation: 2020 VT 15
Docket Number: 2019-122

Justia Opinion Summary: Applicant, the Snyder Group, Inc., which initially obtained approval from the City of South Burlington Development Review Board (DRB) to construct a planned unit development (PUD), appealed an Environmental Division’s…

In re Grievance of Jacob Carnelli  
Date: February 21, 2020
Citation: 2020 VT 12
Docket Number: 2019-127

Justia Opinion Summary: The State appealed a Labor Relations Board decision that grievant Jacob Carnelli, a former correctional officer who was eligible for mandatory reemployment pursuant to the applicable collective bargaining agreement…

Theberge v. Theberge  
Date: February 21, 2020
Citation: 2020 VT 13
Docket Number: 2019-169

Justia Opinion Summary: This appeal arose from the denial of defendant Mary Ann Theberge’s post-judgment motion to enforce the cost-of-living adjustment (COLA) to a spousal-maintenance award made in her favor in the parties’ divorce action. The…

Jackson Gore Inn, Adams House v. Town of Ludlow  
Date: February 21, 2020
Citation: 2020 VT 11
Docket Number: 2019-269

Justia Opinion Summary: The Town of Ludlow appealed a Property Valuation & Review Division (PVR) hearing officer’s decision lowering the fair market value of two quartertime-share condominium properties, Jackson Gore Inn and Adams House,…

Vermont v. Bouchard  
Date: January 31, 2020
Citation: 2020 VT 10
Docket Number: 2018-347

Justia Opinion Summary: Defendant Donald Bouchard pled guilty to two sex offenses, and challenged several of the special sex-offender probation conditions imposed on him. The two offenses related to lewd and lascivious conduct, and one count of…

In re Jones  
Date: January 31, 2020
Citation: 2020 VT 9
Docket Number: 2019-129

Justia Opinion Summary: Petitioner Reco Jones appealed the civil division’s denial of his postconviction relief (PCR) petition alleging that he received ineffective assistance of counsel and that his guilty plea was involuntary. Due to his…

State v. Gregory Torrey
Date: January 28, 2020
Citation: 2015 VT 114
Docket Number: 2020-016
State v. Christian G. Cornelius
Date: January 27, 2020
Citation: 2019 VT 44
Docket Number: 2020-001
Vermont v. Sarkisian-Kennedy  
Date: January 24, 2020
Citation: 2020 VT 6
Docket Number: 2018-368

Justia Opinion Summary: Following a jury trial, defendant Venessa Sarkisian-Kennedy was convicted of operating a vehicle under the influence of alcohol, second offense (DUI-2), and criminal refusal of an evidentiary breath test (refusal). She…

In re Stacey Adamski, Esq. (Office of Disciplinary Counsel)
Date: January 24, 2020
Citation: 2020 VT 7
Docket Number: 2019-035
Chittenden County Sheriff's Department v. Department of Labor  
Date: January 24, 2020
Citation: 2020 VT 4
Docket Number: 2019-094

Justia Opinion Summary: The Chittenden County, Vermont Sheriff’s Department (CCSD) appealed the Vermont Employment Security Board’s ruling that the CCSD was not entitled to relief from several weeks of unemployment compensation benefits which…

In re Amy Klinger, Esq. (Office of Disciplinary Counsel)
Date: January 17, 2020
Docket Number: 2017-320
In re H.T. & M.L.  
Date: January 17, 2020
Citation: 2020 VT 3
Docket Number: 2019-282

Justia Opinion Summary: Parents appealed the termination of their rights in M.L., born in 2014, and H.T., born in 2015, following a long-delayed initial disposition hearing. They argued the trial court: (1) committed plain error in accepting…

In re C.L.S.  
Date: January 10, 2020
Citation: 2020 VT 1
Docket Number: 2019-270

Justia Opinion Summary: Parents appeal the termination of their parental rights to son C.L.S. C.L.S. was born in February 2018. During mother’s last trimester of pregnancy, hospital staff reported to the Department for Children and Families…

State v. James R. Wheelock
Date: January 6, 2020
Citation: 2008 VT 67
Docket Number: 2019-138
Thomas DiZoglio v. Zara DiZoglio
Date: January 6, 2020
Citation: 2004 VT 106
Docket Number: 2019-188
In re Estate of Hollis Edwards, Jr. (Martha Manning and Linda Haines, Appellants)
Date: January 6, 2020
Citation: 2017 VT 64
Docket Number: 2019-207
James Michael Lambert v. Department of Taxes
Date: January 6, 2020
Citation: 2013 VT 62
Docket Number: 2019-248
Michael D. Messier v. Kay H. Bushman & The Standard Fire Insurance Company d/b/a Travelers
Date: January 6, 2020
Citation: 2018 VT 93
Docket Number: 2019-262
In re B.D., Juvenile
Date: January 6, 2020
Citation: 2011 VT 124
Docket Number: 2019-272
In re B.L., Juvenile
Date: January 6, 2020
Citation: 2019 VT 69
Docket Number: 2019-316
In re S.R., V.R., N.R, G.R., Juveniles
Date: January 6, 2020
Citation: 2013 VT 58
Docket Number: 2019-330
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