Vermont Supreme Court Decisions 2022
Date: December 30, 2022
Citation: 2022 VT 64
Docket Number: 22-AP-079
Justia Opinion Summary: A Vermont trial court determined that both the Town of Isle La Motte and the road commissioner Shelby Turner were entitled to qualified immunity and granted their motions for summary judgment after concluding that…
Date: December 30, 2022
Citation: 2017 VT 18
Docket Number: 22-AP-344
Date: December 23, 2022
Citation: 2022 VT 62
Docket Number: 22-AP-148
Justia Opinion Summary: Plaintiff Vermont Human Rights Commission, on behalf of plaintiff Latonia Congress, appealed a trial court’s decision granting summary judgment to defendant Centurion of Vermont LLC on the Commission’s claims of…
Date: December 16, 2022
Citation: 2022 VT 61
Docket Number: 22-AP-062
Justia Opinion Summary: This appeal stemmed from third-party claims in a legal-malpractice action. Plaintiffs Gail Haupt and Thomas Raftery filed suit against defendant, attorney Daniel Triggs, who represented plaintiffs in a property dispute.…
Date: December 16, 2022
Citation: 2010 VT 38
Docket Number: 22-AP-087
Date: December 16, 2022
Citation: 2008 VT 103
Docket Number: 22-AP-133
Date: December 16, 2022
Citation: 2018 VT 96
Docket Number: 22-AP-172
Date: December 16, 2022
Citation: 2008 VT 52
Docket Number: 22-AP-179
Date: December 16, 2022
Citation: 2015 VT 108
Docket Number: 22-AP-189
Date: December 2, 2022
Citation: 2022 VT 60
Docket Number: 22-AP-048
Justia Opinion Summary: Plaintiffs, the developer of a solar electric generation facility and the owner of the project site, appealed the dismissal of their complaint for declaratory and injunctive relief against the Vermont Agency of Natural…
Date: November 18, 2022
Citation: 2022 VT 59
Docket Number: 22-AP-063
Justia Opinion Summary: Stephen Ankuda, Esq., as the administrator of the Estate of Miriam Thomas, appealed a court order granting former guardian Paul Thomas’s motion to dismiss a decision of the probate division. The probate division ordered…
Date: November 16, 2022
Citation: 2014 VT 123
Docket Number: 22-AP-300
Date: November 10, 2022
Citation: 2022 VT 56
Docket Number: 21-AP-261
Justia Opinion Summary: The issue presented in this case before the Vermont Supreme Court stemmed from a dispute between former business partners and the turnover of records pursuant to a stipulated judgment entered following the dissolution of…
Date: November 10, 2022
Citation: 2015 VT 68
Docket Number: 22-AP-049
Date: November 10, 2022
Citation: 2021 VT 82
Docket Number: 22-AP-098
Date: November 10, 2022
Citation: 2015 VT 37
Docket Number: 22-AP-113
Date: November 10, 2022
Citation: 2015 VT 37
Docket Number: 22-AP-114
Date: November 10, 2022
Citation: 2015 VT 37
Docket Number: 22-AP-128
Date: November 10, 2022
Citation: 2006 VT 116
Docket Number: 22-AP-158
Date: November 4, 2022
Citation: 2022 VT 58
Docket Number: 21-AP-200
Justia Opinion Summary: Plaintiff Scott Traudt appealed a family division order granting defendant Victoria Traudt’s motion to enforce a provision in the parties’ 2010 divorce order that required plaintiff to refinance the mortgage on the…
Date: November 4, 2022
Citation: 2022 VT 53
Docket Number: 21-AP-220
Justia Opinion Summary: Blue Cross Blue Shield of Vermont (Blue Cross) appealed the Green Mountain Care Board’s (GMCB) decision modifying its proposed health-insurance rates for 2022. The GMCB approved Blue Cross’s proposed rates with several…
Date: November 4, 2022
Citation: 2022 VT 57
Docket Number: 21-AP-301
Justia Opinion Summary: Mother Diana LaFlam appealed the denial of her motion to modify physical and legal rights and responsibilities. She argued that her relocation to Florida following a divorce from father Jody LaFlam was an unanticipated…
Date: October 28, 2022
Citation: 2022 VT 54
Docket Number: 22-AP-022
Justia Opinion Summary: Defendant Dean Stearns pled guilty in 2018 to five counts of voyeurism and two counts of promoting a recording of sexual conduct. He was sentenced in 2020 to an aggregate term of ten to fifteen years suspended, except…
Date: October 24, 2022
Citation: 2022 VT 55
Docket Number: 22-AP-145
Date: October 14, 2022
Citation: 2015 VT 108
Docket Number: 22-AP-024
Date: October 14, 2022
Citation: 2022 VT 49
Docket Number: 22-AP-027
Justia Opinion Summary: Defendants A.P. and Z.P. were charged by the Franklin County Vermont State’s Attorney’s Office with multiple serious criminal offenses in April 2020. The State’s Attorney’s Office discovered a conflict of interest, and…
Date: October 14, 2022
Citation: 2022 VT 50
Docket Number: 22-AP-070
Justia Opinion Summary: Mother challenged the denial of her request that a child-support order be made retroactive and that she be awarded the arrearage. A magistrate judge found that mother assigned her right to any past-due support to the…
Date: October 14, 2022
Citation: 2014 VT 106
Docket Number: 22-AP-088
Date: October 14, 2022
Citation: 2003 VT 55
Docket Number: 22-AP-115
Date: October 14, 2022
Citation: 2007 VT 55
Docket Number: 22-AP-116
Date: October 14, 2022
Citation: 2015 VT 37
Docket Number: 22-AP-117
Date: September 30, 2022
Citation: 2022 VT 47
Docket Number: 21-AP-250
Justia Opinion Summary: The State appealed a family division’s order granting juvenile E.S.’s motion to suppress a statement given to law enforcement in this delinquency proceeding. In July 2021, the state’s attorney filed a delinquency…
Date: September 23, 2022
Citation: 2022 VT 46
Docket Number: 2021-164
Justia Opinion Summary: Claimant Joseph Worrall challenged an Employment Security Board decision finding him ineligible for unemployment compensation and liable to the Vermont Department of Labor for an overpayment. In November 2020, a claims…
Date: September 23, 2022
Citation: 2022 VT 45
Docket Number: 2021-173
Justia Opinion Summary: Insured Huntington Ingalls Industries, Inc. and insurer Huntington Ingalls Industries Risk Management LLC seek a declaratory judgment stating there is coverage under a property insurance policy for certain losses…
Date: September 16, 2022
Citation: 2009 VT 76
Docket Number: 22-AP-028
Date: September 16, 2022
Citation: 2015 VT 108
Docket Number: 22-AP-036
Date: September 16, 2022
Citation: 2008 VT 20
Docket Number: 22-AP-073
Date: September 16, 2022
Citation: 2018 VT 96
Docket Number: 22-AP-103
Date: September 9, 2022
Citation: 2022 VT 44
Docket Number: 2021-094
Justia Opinion Summary: The State of Vermont appealed a family division court's dismissal of three juvenile delinquency petitions against S.D. for lack of subject-matter jurisdiction. The State argued the family division retained jurisdiction…
Date: September 9, 2022
Citation: 2022 VT 42
Docket Number: 21-AP-189
Justia Opinion Summary: Applicants Christian and Clark Katzenbach appealed the Environmental Division’s decision granting but imposing certain conditions on an Act 250 permit for operating their sand- and gravel-extraction project. Applicants…
Date: September 2, 2022
Citation: 2022 VT 41
Docket Number: 21-AP-263
Justia Opinion Summary: Plaintiff and defendant worked in the same location. Defendant was the wife of plaintiff’s employer. In late July 2021, plaintiff sought relief under 12 V.S.A. § 5133 following a workplace confrontation with defendant.…
Date: September 2, 2022
Citation: 2022 VT 43
Docket Number: 21-AP-284
Justia Opinion Summary: The issue this case presented for the Vermont Supreme Court's review centered on whether a non-resident plaintiff could obtain a relief-from-abuse (RFA) order under Vermont’s Abuse Prevention Act. Mother and father were…
Date: August 26, 2022
Citation: 2022 VT 40
Docket Number: 2021-179
Justia Opinion Summary: In a consolidated appeal, petitioner E.C. challenged two trial court orders denying his requests to expunge his criminal-history records. Petitioner’s criminal-history records included several felony and misdemeanor…
Date: August 19, 2022
Citation: 2022 VT 37
Docket Number: 2021-131
Justia Opinion Summary: Neighbors appealed an Environmental Division order vacating a municipal notice of violation (NOV) alleging owners were using a two-unit building as an unpermitted duplex. The Environmental Division concluded that a 2006…
Date: August 19, 2022
Citation: 2022 VT 39
Docket Number: 21-AP-247
Justia Opinion Summary: The Benoits sought to set aside a 2008 judgment under Vermont Rule of Civil Procedure 60(b)(5). The Benoits owned real property in the City of St. Albans, Vermont, which they purchased from the Hayfords in 2003. The…
Date: August 12, 2022
Citation: 2022 VT 36
Docket Number: 22-AP-074
Justia Opinion Summary: The State of Vermont appealed a family division’s denial of its request to extend an order placing seventeen-year-old D.K. in the conditional custody of his mother. After review, the Vermont Supreme Court agreed with the…
Date: August 5, 2022
Citation: 2022 VT 35
Docket Number: 2021-059
Justia Opinion Summary: Twelve years after a trial court ordered defendant Randy Therrien to pay restitution, he moved to vacate the order. The trial court denied the motion as untimely. The Vermont Supreme Court agreed the motion was untimely,…
Date: July 22, 2022
Citation: 2022 VT 32
Docket Number: 2021-017
Justia Opinion Summary: Defendants Brenda and Dale Merritt (neighbors) challenged a superior court’s decision granting summary judgment to plaintiff Steven Daiello (landowner) and defendant Town of Vernon in a dispute over a road in Vernon,…
Date: July 22, 2022
Citation: 2022 VT 34
Docket Number: 21-AP-290
Justia Opinion Summary: Plaintiff Theodore de Macedo Soares challenged the process by which defendant, the Prudential Committee for Barnet Fire District No. 2, obtained approval for a municipal bond. The trial court denied plaintiff’s request…
Date: July 18, 2022
Citation: 2022 VT 19
Docket Number: 2020-306
Justia Opinion Summary: The State appealed a trial court order granting defendants Michael Sinquell-Gainey and David Vaz's motion to suppress evidence obtained by law enforcement after an automobile stop. The State argued a Newport police…
Date: July 15, 2022
Citation: 2022 VT 33
Docket Number: 21-AP-230
Date: July 14, 2022
Citation: 2020 VT 46
Docket Number: 2021-175
Date: July 14, 2022
Citation: 2018 VT 9
Docket Number: 21-AP-252
Date: July 14, 2022
Citation: 2006 VT 2
Docket Number: 21-AP-295
Date: July 14, 2022
Citation: 2018 VT 77
Docket Number: 22-AP-035
Date: July 14, 2022
Citation: 2006 VT 70
Docket Number: 22-AP-037
Date: July 8, 2022
Citation: 2022 VT 31
Docket Number: 21-AP-249
Justia Opinion Summary: Petitioner M.V. appealed a Human Services Board order granting summary judgment to the Department for Children and Families (DCF) regarding DCF’s decision to substantiate him for child abuse. Petitioner argued the same…
Date: July 1, 2022
Citation: 2022 VT 30
Docket Number: 2021-031
Justia Opinion Summary: Defendant Austin Burnett appealed the Vermont criminal division’s order revoking his probation. After review, the Vermont Supreme Court affirmed the court’s determination that defendant violated probation conditions…
Date: July 1, 2022
Citation: 2022 VT 29
Docket Number: 21-AP-271
Justia Opinion Summary: In February 2021, the Vermont State Auditor of Accounts, Douglas Hoffer, filed a complaint alleging that defendant OneCare Accountable Care Organization, LLC, had breached various provisions in its contract with the…
Date: June 24, 2022
Citation: 2022 VT 28
Docket Number: 2020-041
Justia Opinion Summary: Defendant Roy Kuhlmann appealed the denial of his pro se motion for a new trial filed during the pendency of his appeal of his sentence and final judgment. The Vermont Supreme Court concluded the trial court did not have…
Date: June 24, 2022
Citation: 2018 VT 104
Docket Number: 22-AP-003
Date: June 17, 2022
Citation: 2022 VT 27
Docket Number: 2021-095
Justia Opinion Summary: Father appealed a sanctions order imposed by the family division enjoining him from submitting filings in this case unless the filing was signed by a licensed attorney or he first obtained permission from the court. The…
Date: June 17, 2022
Citation: 2020 VT 99
Docket Numbers: 21-AP-268, 21-AP-269
Date: June 10, 2022
Citation: 2022 VT 26
Docket Number: 21-AP-264
Justia Opinion Summary: Plaintiff Sean Kelly appealed the grant of summary judgment to the University of Vermont Medical Center (UVMMC) on employment discrimination and breach-of-contract claims arising from UVMMC’s decision not to extend his…
Date: May 20, 2022
Citation: 2022 VT 25
Docket Number: 2020-262
Justia Opinion Summary: Defendant Jayveon Caballero was convicted by a jury of second- degree murder. On appeal, he argued: (1) the evidence was insufficient to prove that he acted intentionally or in knowing disregard of a deadly risk to the…
Date: May 13, 2022
Citation: 2022 VT 23
Docket Number: 2021-132
Justia Opinion Summary: Mother appealed a family division order modifying legal parental rights and responsibilities and parent-child contact as to son. The court first issued a parental rights and responsibilities order in 2015, based on the…
Date: May 13, 2022
Citation: 2022 VT 24
Docket Number: 2021-176
Justia Opinion Summary: Plaintiff Angela Gates appealed a trial court’s decision granting summary judgment to defendant, her former employer, on plaintiff’s claims for disability discrimination under the Vermont Fair Employment Practices Act…
Date: May 13, 2022
Citation: 2022 VT 22
Docket Number: 21-AP-206
Justia Opinion Summary: The Town of Albany, Vermont, appealed an order granting summary judgment to a surviving relative of the grantors who had quitclaimed undeveloped property to the Town subject to certain conditions. The civil division…
Date: May 13, 2022
Citation: 2021 VT 60
Docket Number: 21-AP-218
Date: May 11, 2022
Docket Number: 21-AP-217
Date: May 6, 2022
Citation: 2022 VT 19
Docket Number: 2020-306
Justia Opinion Summary: At about 1:40 a.m. on March 24, 2018, defendants Michael Sinquell-Gainey and David Vaz were in a vehicle that pulled into a gas station in Newport, Vermont. The officers parked nearby were having a conversation, noticing…
Date: April 22, 2022
Citation: 2022 VT 17
Docket Number: 21-AP-185
Justia Opinion Summary: Employee Christie Mitchell appealed a summary judgment order in favor of NBT Bank, N.A. regarding its policy of deducting her overtime compensation from her commissions so that she was never paid more than gross…
Date: April 8, 2022
Citation: 2022 VT 16
Docket Number: 2021-159
Justia Opinion Summary: In dividing the divorcing parties’ assets, a Massachusetts court ordered a special master to sell the Vermont property. After the sale, plaintiff filed an action in a Vermont superior court to rescind the sale and quiet…
Date: April 8, 2022
Citation: 2005 VT 57
Docket Number: 21-AP-232
Date: March 18, 2022
Citation: 2022 VT 13
Docket Number: 2021-056
Justia Opinion Summary: In an interlocutory appeal, the issue presented for the Vermont Supreme Court's review was whether the superior court erred by denying the State’s request to order a psychiatric evaluation of defendant Brent Boyajian…
Date: March 18, 2022
Citation: 2022 VT 12
Docket Number: 2021-177
Justia Opinion Summary: In October 2017, plaintiffs Sadie Boyd (a student at Twin Valley Middle High School in Whitingham, Vermont) Madeleine Klein (a resident and property owner in Whitingham), and the Town of Whitingham filed a complaint for…
Date: March 11, 2022
Citation: 2019 VT 82
Docket Number: 2021-152
Date: March 11, 2022
Citation: 2020 VT 88
Docket Number: 2021-156
Date: March 4, 2022
Citation: 2022 VT 11
Docket Number: 2021-081
Justia Opinion Summary: In an interlocutory appeal, the issue this case presented for the Vermont Supreme Court's review was whether Vermont or Georgia law applied to a coverage dispute between claimant Bestwall LLC and insurer Ambassador…
Date: March 4, 2022
Citation: 2022 VT 8
Docket Number: 2021-172
Justia Opinion Summary: The Town of Sheldon appealed a hearing officer’s valuation of the subject property, a hydroelectric generating facility, as of April 1, 2019. It challenged the hearing officer’s application of the Income Approach to…
Date: February 25, 2022
Citation: 2022 VT 10
Docket Number: 2021-124
Justia Opinion Summary: New England Phoenix Company, Inc. appealed a trial court order denying its motion for a deficiency judgment following a foreclosure decree and an order confirming its purchase of a mortgaged property at a judicial sale.…
Date: February 25, 2022
Citation: 2022 VT 9
Docket Number: 2021-136
Justia Opinion Summary: Plaintiff Roger Rodrigue claimed defendant Attorney Vincent Illuzzi negligently advised plaintiff to sign a Vermont workers’ compensation settlement that contained a general release barring recovery otherwise available…
Date: February 11, 2022
Citation: 2021 VT 72
Docket Number: 2020-197
Justia Opinion Summary: The Vermont Environmental Division concluded that Snowstone, LLC, did not need an Act 250 permit to operate a small dimensional-stone extraction operation on a 0.93-acre parcel of land to be purchased from landowners…
Date: February 11, 2022
Citation: 2016 VT 71
Docket Number: 21-AP-201
Date: February 11, 2022
Citation: 2021 VT 94
Docket Number: 21-AP-223
Date: February 11, 2022
Citation: 2005 VT 72
Docket Number: 21-AP-229
Date: February 11, 2022
Citation: 2021 VT 25
Docket Number: 21-AP-262
Date: February 9, 2022
Citation: 2022 VT 7
Docket Number: 22-AP-015
Date: January 28, 2022
Citation: 2022 VT 5
Docket Number: 2021-105
Justia Opinion Summary: In January 2018, defendant Scott Vogel was charged with one count of luring a child. According to the charging affidavit, in September 2017, defendant was in an online chatroom dedicated to “daddaughtersex.” He began a…
Date: January 21, 2022
Citation: 2022 VT 3
Docket Number: 2021-108
Justia Opinion Summary: Petitioner Joseph Bruyette appealed an April 2021 Department of Corrections ("DOC") declaratory ruling, made after his case staffing in June 2019, in which the DOC stated that it would “continue to rely on evaluations…
Date: January 14, 2022
Citation: 2011 VT 105
Docket Number: 2021-071
Date: January 14, 2022
Citation: 2022 VT 4
Docket Number: 2021-096
Justia Opinion Summary: Landowner Daniel Banyai appealed an Environmental Division decision upholding a notice of violation, granting a permanent injunction, and assessing $46,600 in fines, relating to alleged zoning violations and the…
Date: January 14, 2022
Citation: 2008 VT 52
Docket Number: 2021-133
Date: January 14, 2022
Citation: 2003 VT 69
Docket Number: 2021-144
Date: January 14, 2022
Citation: 2022 VT 2
Docket Number: 2021-145
Justia Opinion Summary: Plaintiff Richard Daniels appealed a trial court's grant of summary judgment in favor of defendants Attorney James Goss, Attorney Matthew Hart, and law firm Facey Goss & McPhee P.C. (FGM), arguing the court erred when it…
Date: January 14, 2022
Citation: 2019 VT 82
Docket Number: 2021-146
Date: January 14, 2022
Citation: 2007 VT 11
Docket Number: 21-AP-204
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