Stowe Aviation, LLC et al. v. Agency of Commerce & Community Development
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In this case, the plaintiffs, Stowe Aviation, LLC and Stowe Airport Investment, LP, appealed from a denial of their motion to reopen a breach-of-contract case with the Vermont Agency of Commerce and Community Development. The plaintiffs had signed a memorandum of understanding (MOU) with the Agency in 2014, outlining their intention to develop and expand the Morrisville-Stowe State Airport using funds secured through the EB-5 program. However, the Agency later transferred its obligations under the MOU to the Department of Financial Regulation (DFR) without informing the plaintiffs, leading to the failure of the airport project.
The plaintiffs filed a complaint against the Agency, alleging that the Agency breached its contract by failing to perform under the MOU and by transferring its obligations to the DFR without notice. The trial court dismissed the claims, and the case was closed. The plaintiffs then moved to reopen the case and amend their complaint, but the trial court denied their motion. The plaintiffs appealed this order.
The Supreme Court of Vermont reversed the order and remanded the case, holding that the trial court had abused its discretion in denying the plaintiffs' motion to reopen the case. The Supreme Court reasoned that plaintiffs could potentially obtain relief to cure a pleading deficiency under Vermont Rule of Civil Procedure 59(e), and it was inappropriate for the trial court to deny relief simply because plaintiffs did not request leave to amend in their opposition papers before the court entered judgment. On remand, the plaintiffs must demonstrate a valid basis to vacate the previously entered judgment to prevent manifest injustice before they can file their amended complaint.
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