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SCOVT: Claim preclusion; subject matter jurisdiction. Gravel-extraction activities violated an Act 250 permit. Court had jurisdiction to enforce expired permit
http://scovt.blogspot.com/2015/06/claim-preclusion-subject-matter.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Monday, June 29, 2015. Claim preclusion; subject matter jurisdiction. Gravel-extraction activities violated an Act 250 permit. Court had jurisdiction to enforce expired permit. Natural Resources Board Land Use Panel v. Dorr. MORSE, J. (Ret.), Specially Assigned. Subscribe to: Post Comments (Atom). A collection of current decisions of the Vermont Supreme Court s. Equal Justice under Law- -.
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SCOVT: May 2014
http://scovt.blogspot.com/2014_05_01_archive.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Saturday, May 10, 2014. Employment. Town not liable for tortious iterference with Town treasurer’s contract. Stone v. Irasburg, Town of 2014 VT 43 (25-Apr-2014). CRAWFORD, J. Plaintiff Linda Stone sued the Town of Irasburg alleging tortious interference with office. The trial court granted the Town summary judgment. Plaintiff appealed. We affirm. 667 A2d 294, 164 Vt. 205 (1995) (summary j...
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SCOVT: Punitive damages award reversed. Standard for punitives based on recklessness announced. "Reprehensibility" required.
http://scovt.blogspot.com/2010/07/punitive-damages-award-reversed.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Thursday, July 8, 2010. Punitive damages award reversed. Standard for punitives based on recklessness announced. "Reprehensibility" required. Fly Fish Vermont v. Chapin Hill Estates. 2010 VT 33 (Burgess, J.). July 11, 2010 at 6:23 PM. Subscribe to: Post Comments (Atom). A collection of current decisions of the Vermont Supreme Court s. Equal Justice under Law- -. The Rule in Shelly's Case.
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SCOVT: Accident reconstruction. Findings that reject both sides’ experts. Court can take judicial notice of Pythagorean Theorem, but findings based on the theorem are clearly erroneous where underlying diagram was not to scale and there was no evide
http://scovt.blogspot.com/2015/08/accident-reconstruction-findings-that.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Monday, August 3, 2015. Accident reconstruction. Findings that reject both sides’ experts. Court can take judicial notice of Pythagorean Theorem, but findings based on the theorem are clearly erroneous where underlying diagram was not to scale and there was no evidence of a right angle. State v. Wisowaty. 2015 VT 97 [filed 7/24/2015]. We first agree with the judge that both experts failed in ...
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SCOVT: Indemnity. Dismissal of third party claim as “moot” affirmed, despite loss later sustained by appeal and settlement of primary claim.
http://scovt.blogspot.com/2015/07/indemnity-dismissal-of-third-party.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Tuesday, July 14, 2015. Indemnity. Dismissal of third party claim as “moot” affirmed, despite loss later sustained by appeal and settlement of primary claim. The Stratton Corporation v. Engelberth Construction, Inc. 2015 VT75 [Filed May 29, 2015.]. This appeal arises from dismissal of third-party claims in a construction contract dispute. Owner sued Engelberth Construction, Inc., the ...It is...
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SCOVT: Land use permit upheld. Findings as to as to Criteria 1(D), “Floodways” and 8, “Aesthetics” were not clearly erroneous.
http://scovt.blogspot.com/2015/06/land-use-permit-upheld-findings-as-to.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Monday, June 29, 2015. Land use permit upheld. Findings as to as to Criteria 1(D), “Floodways” and 8, “Aesthetics” were not clearly erroneous. In re Zaremba Group Act 250 Permit. Neighbors of a plot of land in Chester appeal the environmental division’s decision to grant an Act 250 permit amendment to build a Dollar General store (“the Project”) on that plot. We affirm. Favreau v. Miller.
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SCOVT: Statute of limitations. Foreclosure of judgment lien denied because, despite amended judgment, lien expired eight years from original judgment.
http://scovt.blogspot.com/2013/07/foreclosure-of-judgment-lien-denied.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Sunday, July 7, 2013. Statute of limitations. Foreclosure of judgment lien denied because, despite amended judgment, lien expired eight years from original judgment. Ayer v. Hemingway, 2013 VT 37 (24-May-2013). Burgess, J.)(Robinson, J., dissenting). That a 2001 judgment had been renewed or revived by a 2006 stipulated amended order, and. Nelson v. Russo. February 16, 2014 at 1:58 AM. Time ha...
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SCOVT: December 2014
http://scovt.blogspot.com/2014_12_01_archive.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Tuesday, December 9, 2014. Comparative negligence applies, not mitigation of damages,where there was no allegation of plaintiff’s negligence after she discovered the harm. Langlois v. Town of Proctor 2014 VT 130 (05-Dec-2014). We have never decided this question. The traditional approach draws temporal line to determine whether comparative negligence or mitigation/avoidable consequences appli...
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SCOVT: September 2014
http://scovt.blogspot.com/2014_09_01_archive.html
Supreme Court of Vermont Opinions Selected, edited, rewritten, condensed and digested © 2009-2016 Allan R. Keyes. Wednesday, September 17, 2014. Evidence: End run around hearsay rule fails under Rule 602, because witness who testifies to his understanding after an out-of-court interview lacks personal knowledge. State v. Porter. 2014 VT 89 (01-Aug-2014). Murphy v. Patriot Insurance Company. 2014 VT 96, 106 A. 3d 911. We agree with the trial court that plaintiff had failed “to establish that [Patrio...
