de Macedo Soares v. Barnet Fire District #2 et al.

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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 to invalidate the bond vote, finding that although the Prudential Committee violated the Open Meeting Law during the process, the defect was the result of oversight, inadvertence, and mistake, and it was cured by the Committee’s validation resolution. The court denied plaintiff’s remaining requests for relief as well. Plaintiff argued on appeal to the Vermont Supreme Court that the trial court erred in: (1) concluding that the Open Meeting Law violations could be cured under 24 V.S.A. § 1757 or 17 V.S.A. § 2662; (2) failing to address his request for a new trial; (3) denying his attorney-fee request; and (4) dismissing his claim regarding curb-stop fees. The Supreme Court found no reversible error and affirmed the trial court’s judgment in favor of the Committee. The Supreme Court remanded the case back to the trial court to enter final judgment in favor of defendant Vermont Municipal Bond Bank too.

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