Vermont Supreme Court Decisions 2021

In re Champlain Parkway SW Discharge Permit (Fortieth Burlington, LLC, Appellant)
Date: May 14, 2021
Citation: 2021 VT 34
Docket Number: 2020-092
U.S. Right to Know v. University of Vermont
Date: May 14, 2021
Citation: 2021 VT 33
Docket Number: 2020-110
State v. Denzel Lafayette
Date: May 11, 2021
Citation: 2021 VT 38
Docket Number: 2021-076
State v. Robert E. Foster
Date: May 7, 2021
Citation: 2019 VT 89
Docket Number: 2020-190
State v. Jean McGinness
Date: May 7, 2021
Citation: 2011 VT 43
Docket Number: 2020-216
Marjorie W. Johnston v. City of Rutland
Date: May 7, 2021
Citation: 2015 VT 10
Docket Number: 2020-245
Jessica M. Rivera v. James Rivera Martinez
Date: May 7, 2021
Citation: 2018 VT 106
Docket Number: 2020-292
Jennifer Brown v. Department of Labor (Mactaw Inc., dba Pete's RV Center)
Date: May 7, 2021
Citation: 2012 VT 8
Docket Number: 2020-313
Paul Epsom & Kristine Kelley v. David S. Crandall & Mark Johnson
Date: May 7, 2021
Citation: 2007 VT 99
Docket Number: 2020-319
In re Michael Lewis  
Date: April 30, 2021
Citation: 2021 VT 24
Docket Number: 2019-322

Justia Opinion Summary: Petitioner Michael Lewis appealed the trial court’s summary judgment denying his petition for post-conviction relief (PCR) of his 2009 convictions and accompanying habitual-offender sentence enhancement. He argued: (1) h...

Vermont v. Lambert  
Date: April 30, 2021
Citation: 2021 VT 23
Docket Number: 2020-091

Justia Opinion Summary: Defendant Jeremy Lambert appealed his conviction on two counts of sexual assault against a minor, M.M. He argued: (1) the trial court erred in admitting statements he made to police detectives because they failed to read...

In re Investigation to Review the Avoided Costs that Serve as Prices for the Standard-Offer Program in 2020 (Allco Renewable Energy Limited & PLH LLC, Appellants)  
Date: April 30, 2021
Citation: 2021 VT 28
Docket Number: 2020-134

Justia Opinion Summary: Allco Renewable Energy Limited and PLH, LLC (collectively, Allco), challenged the Vermont Public Utility Commission’s (PUC) decision establishing the avoided-cost price caps and parameters of the 2020 standard-offer prog...

Vermont v. Turner  
Date: April 30, 2021
Citation: 2021 VT 30
Docket Number: 2020-143

Justia Opinion Summary: Petitioner Clayton Turner was convicted of absconding from furlough twice, once in November 2001 and once in January 2009. In June 2011, petitioner was charged with second-degree aggravated domestic assault, with a habit...

Estate of Ronald Baldauf v. Vermont State Treasurer et al.  
Date: April 30, 2021
Citation: 2021 VT 29
Docket Number: 2020-168

Justia Opinion Summary: Wife Becky Baldauf, in both her personal capacity and as administrator of her deceased husband’s estate, appealed the superior court’s order dismissing her claims against the Vermont State Treasurer and the Vermont State...

State v. Reginald Book
Date: April 30, 2021
Citation: 2021 VT 31
Docket Number: 2021-073
In re Petition of Chelsea Solar LLC  
Date: April 16, 2021
Citation: 2021 VT 27
Docket Number: 2019-226

Justia Opinion Summary: Developer Chelsea Solar LLC sought a certificate of public good (CPG) to construct and operate a 2.0-megawatt (MW) solar electric generation facility off of Willow Road in Bennington, Vermont. The Public Utility Commissi...

Sean Folley v. Stella Martin
Date: April 12, 2021
Citation: 2004 VT 34
Docket Number: 2020-219
State v. Gracie Caslani
Date: April 9, 2021
Citation: 2006 VT 49
Docket Number: 2020-104
In re Joseph R. Lampman, Jr.
Date: April 9, 2021
Citation: 2004 VT 66
Docket Number: 2020-170
Felicia Stefani v. Dee Kalea / Cheyenne Barnaby Baker v. Dee Kalea
Date: April 9, 2021
Docket Numbers: 2020-200, 2020-201
Lilly Sorrell v. Sergei Sonntag
Date: April 9, 2021
Citation: 2008 VT 52
Docket Number: 2020-238
In re Estate of John J. Fanelli (Lillian E. Billewicz, Appellant)
Date: April 9, 2021
Citation: 2005 VT 18
Docket Number: 2020-253
In re C.L.S., Juvenile  
Date: April 9, 2021
Citation: 2021 VT 25
Docket Numbers: 2020-256, 2020-293

Justia Opinion Summary: Father appealed the dismissal of his motion to vacate the family court’s order terminating his parental rights to son C.L.S. In his motion, father argued the termination order had to be set aside under Vermont Rule of Ci...

H. Brooke Paige v. State of Vermont & Secretary of State James Condos
Date: April 9, 2021
Citation: 2008 VT 96
Docket Number: 2020-280
In re Edward Johnson
Date: April 9, 2021
Citation: 2007 VT 9
Docket Number: 2020-298
State v. Alexis B. Lesage
Date: April 7, 2021
Citation: 2021 VT 26
Docket Number: 2021-064
State v. A.W.
Date: March 31, 2021
Docket Number: 2020-037
State v. Nicholas Sweet
Date: March 30, 2021
Citation: 2018 VT 67
Docket Number: 2021-066
Vermont v. Hale  
Date: March 26, 2021
Citation: 2021 VT 18
Docket Number: 2020-028

Justia Opinion Summary: Defendant Christopher Hale appealed a trial court decision denying his motion for judgment of acquittal on his charge of possessing brass knuckles with the intent to use them. He argued that although he possessed brass k...

Billewicz, et al. v. Town of Fair Haven  
Date: March 26, 2021
Citation: 2021 VT 20
Docket Number: 2020-173

Justia Opinion Summary: Plaintiffs Johnathan Billewicz, Michael Billewicz, J & M Investment Trust, and Lillian Billewicz appealed a the trial court’s grant of summary judgment to defendant Town of Fair Haven. Plaintiffs sought damages and a dec...

In re S.R., Juvenile  
Date: March 26, 2021
Citation: 2021 VT 21
Docket Number: 2020-287

Justia Opinion Summary: Juvenile S.R. appealed a family division order granting the Department for Children and Families' (DCF) request to place him in a secure out-of-state psychiatric residential treatment facility pursuant to 33 V.S.A. 5926....

Forrett v. Stone  
Date: March 19, 2021
Citation: 2021 VT 17
Docket Number: 2020-169

Justia Opinion Summary: Defendant Orion Stone appealed a trial court’s order extending a relief-from-abuse (RFA) order against him. He argued the plain language of 15 V.S.A. 1103(e) required plaintiff Meghan Forrett to seek her extension before...

Pettersen v. Monaghan Safar Ducham PLLC  
Date: March 19, 2021
Citation: 2021 VT 16
Docket Number: 2020-192

Justia Opinion Summary: Plaintiff William Pettersen appealed a trial court’s decision to grant summary judgment to his former law firm, defendant Monaghan Safar Ducham PLLC. He argued that sufficient evidence existed to raise a genuine issue of...

State v. Joshua Boyer
Date: March 15, 2021
Citation: 2021 VT 19
Docket Number: 2021-043
Vermont v. Bourgoin  
Date: March 12, 2021
Citation: 2021 VT 15
Docket Number: 2019-319

Justia Opinion Summary: Defendant Steven Bourgoin was convicted by jury on five counts of second-degree murder, one count of grossly negligent operation, and one count of operating a vehicle without the owner’s consent. The charges stemmed from...

Vermont v. Blanchard  
Date: March 5, 2021
Citation: 2021 VT 13
Docket Number: 2019-320

Justia Opinion Summary: Defendant Jospeh Blanchard was convicted by jury for criminal threatening and impeding a public officer. The charges arose after a dark and rainy night in April 2018, when a police officer pulled defendant's car over wit...

State v. Kyle Lenher
Date: March 5, 2021
Citation: 2017 VT 113
Docket Number: 2020-083
Jennifer Dasler v. Timothy Dasler
Date: March 5, 2021
Citation: 2012 VT 44
Docket Number: 2020-146
State v. Joshua Rose
Date: March 5, 2021
Citation: 2019 VT 73
Docket Number: 2020-158
In re Appeal of L.P.
Date: March 5, 2021
Citation: 2010 VT 95
Docket Number: 2020-202
Federal National Mortgage Association v. Susan Graham & Eric Graham
Date: March 5, 2021
Citation: 2010 VT 84
Docket Number: 2020-230
Kevin Hoyt v. John Klar
Date: March 5, 2021
Citation: 2015 VT 37
Docket Number: 2020-235
Heidi Marsano v. Adam A. Marsano
Date: March 5, 2021
Citation: 2018 VT 38
Docket Number: 2020-282
In re Z.P., Juvenile
Date: March 5, 2021
Citation: 2013 VT 79
Docket Number: 2020-284
In re B.M., Juvenile
Date: March 5, 2021
Citation: 2016 VT 9
Docket Number: 2020-318
Demarest v. Town of Underhill  
Date: February 26, 2021
Citation: 2021 VT 14
Docket Number: 2020-098

Justia Opinion Summary: Plaintiff David Demarest filed suit against the Town of Underhill, seeking a declaration that he had a right of vehicle access over a Town trail, and appealing the Selectboard’s decision denying his request for highway a...

In re Estate of Theodore George  
Date: February 26, 2021
Citation: 2021 VT 12
Docket Number: 2020-163

Justia Opinion Summary: Daughter Deborah George appealed the civil division’s determination that her father, decedent Theodore George, was the sole owner of a vehicle at the time of his death and that the vehicle was properly included in his es...

State v. Travis C. Collins, Sr.
Date: February 22, 2021
Citation: 2016 VT 120
Docket Number: 2021-027
Vermont v. Misch  
Date: February 19, 2021
Citation: 2021 VT 10
Docket Number: 2019-266

Justia Opinion Summary: Defendant Max Misch was charged under 13 V.S.A. 4021(a) with two counts of unlawfully possessing a large-capacity magazine. This issue this appeal presented for the Vermont Supreme Court's review was whether Vermont’s ba...

Aguiar v. Williams  
Date: February 19, 2021
Citation: 2021 VT 8
Docket Number: 2019-370

Justia Opinion Summary: Plaintiff-client Stephen Aguiar claimed attorney David Williams failed to turn over files related to plaintiff’s 2009 criminal prosecution. The civil division of the superior court granted summary judgment in favor of at...

Masseau v. Luck  
Date: February 19, 2021
Citation: 2021 VT 9
Docket Number: 2020-131

Justia Opinion Summary: Homeowners Colin Masseau and Emily MacKenzie appealed a trial court’s order confirming an arbitrator’s dismissal of their claims against defendants Guy Henning and Brickkicker/GDM Home Services, LLC. Specifically, homeow...

Vermont Federation of Sportsmen's Clubs et al. v. Matthew Birmingham et al.
Date: February 19, 2021
Citation: 2021 VT 11
Docket Number: 2020-155
In re Richard Bowen, Esq.
Date: February 12, 2021
Citation: 2021 VT 7
Docket Number: 2020-137
Virginia Gardner & Howard Malovany v. Janice Hokenson, Chad Hansen & Shelburne Cliffs Condominium Association, Inc.
Date: February 5, 2021
Citation: 2018 VT 120
Docket Numbers: 2019-410, 2020-167
Baron v. McGinty  
Date: February 5, 2021
Citation: 2021 VT 6
Docket Number: 2020-120

Justia Opinion Summary: Ian Baron appealed a Vermont magistrate decision declining to register and exercise jurisdiction over his petition to modify a Virginia child-support order. Baron argued that because the requirements of 15B V.S.A. sectio...

Edward Johnson v. Michael P. Touchette
Date: February 4, 2021
Citation: 2017 VT 22
Docket Number: 2020-113
Town of Colchester v. Sisters & Brothers Investment Group LLP
Date: February 4, 2021
Citation: 2016 VT 56
Docket Number: 2020-203
In re R.S., Juvenile
Date: February 4, 2021
Citation: 2016 VT 130
Docket Number: 2020-259
State v. Stephanie A. Deaette
Date: February 4, 2021
Citation: 2017 VT 9
Docket Number: 2021-016
Vermont v. Lafaso  
Date: January 29, 2021
Citation: 2021 VT 4
Docket Number: 2019-253

Justia Opinion Summary: Defendant Scott Lafaso was convicted by jury of burglary, unlawful restraint, stalking, interference with access to emergency services, and two counts of unlawful trespass. These charges stemmed from unsuccessful attempt...

Vermont v. Spencer  
Date: January 29, 2021
Citation: 2021 VT 5
Docket Number: 2019-271

Justia Opinion Summary: Defendant Chad Spencer was convicted by jury of resisting arrest. Three uniformed state troopers were dispatched to serve a relief-from-abuse order on defendant. When the troopers explained their purpose, defendant becam...

State v. Travis C. Collins, Sr.
Date: January 28, 2021
Citation: 2007 VT 135
Docket Number: 2021-018
State v. Robert L. Hagar
Date: January 26, 2021
Citation: 2019 VT 18
Docket Number: 2021-008
In re Petition of Acorn Energy Solar 2, LLC (Therese & Timothy Holmes, Appellants)  
Date: January 15, 2021
Citation: 2021 VT 3
Docket Number: 2019-398

Justia Opinion Summary: Therese and Timothy Holmes appealed a Vermont Public Utility Commission (PUC) decision granting Acorn Energy Solar 2 a certificate of public good (CPG) to build and operate a solar net-metering system. The Holmeses argue...

Blondin v. Milton Town School District et al.  
Date: January 15, 2021
Citation: 2021 VT 2
Docket Number: 2020-031

Justia Opinion Summary: Defendant Milton Town School District and plaintiff, a high-school football player who sued the District after being assaulted by team members during an off-campus team dinner at the residence of one of the players, both...

State v. Joshua J. Bessette
Date: January 12, 2021
Citation: 2014 VT 123
Docket Number: 2020-320
In re Guardianship of A.S. (David Searles, Appellant)
Date: January 8, 2021
Citation: 2012 VT 70
Docket Number: 2020-014
State v. Christopher Ferraro
Date: January 8, 2021
Citation: 2012 VT 73
Docket Number: 2020-073
Anthony D. Smith v. Edwin Mortensen
Date: January 8, 2021
Docket Number: 2020-160
Holly Thurber v. Douglas Thurber
Date: January 8, 2021
Citation: 2018 VT 105
Docket Number: 2020-171
Geri Barrows v. Corey Barrows
Date: January 8, 2021
Citation: 2004 VT 45
Docket Number: 2020-185
Kirstin L. Parro v. Christopher R. Parro
Date: January 8, 2021
Citation: 2014 VT 2
Docket Number: 2020-221
Frank Fellows v. Attorney General & Department of Corrections
Date: January 8, 2021
Citation: 2013 VT 45
Docket Number: 2020-233
In re I.B. & I.B., Juveniles
Date: January 8, 2021
Citation: 2016 VT 130
Docket Number: 2020-237
Arielle Tarbell v. Benjamin C. Tarbell
Date: January 8, 2021
Citation: 2008 VT 52
Docket Number: 2020-243
In re H.R, K.R., J.R., Juveniles
Date: January 8, 2021
Citation: 2015 VT 109
Docket Number: 2020-251
State v. Nicolelus Sanborn
Date: January 4, 2021
Citation: 2020 VT 41
Docket Number: 2020-316
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