Justia Vermont Supreme Court Opinion Summaries

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When M.P. was born, mother was married to husband. At the time of M.P.’s birth, the family lived in Alabama. In the spring of 2016, the family moved to Vermont. Mother was subsequently arrested on an Alabama warrant and extradited to Alabama. M.P. and her brothers remained in Vermont in husband’s care. In August 2016, husband requested assistance in caring for the children, and M.P. and her brothers were placed in DCF custody. The State filed a petition alleging M.P. and her brothers were CHINS. Mother and father appealed the eventual termination of their parental rights to M.P. On appeal, father argued: (1) Vermont lacked subject matter jurisdiction to adjudicate M.P. as a child in need of care or supervision (CHINS) and to terminate his parental rights under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); (2) the family court erred in finding that his progress had stagnated and that termination was in M.P.’s best interests; and (3) the evidence did not support the court’s finding that the Department for Children and Families (DCF) made reasonable efforts to finalize the permanency plan. Mother joins father’s arguments and argues that the CHINS order is invalid because mother did not join the stipulation on which the order was based. The Vermont Supreme Court rejected the parents’ jurisdictional challenges to the CHINS merits order and reversed termination of father’s parental rights. The Court concluded husband had authority as the children’s custodian and presumed legal parent to enter the stipulation upon which the CHINS decision was based. Further, the family court had temporary emergency jurisdiction over the CHINS petition under the UCCJEA and that jurisdiction became permanent when no case concerning M.P. was filed or commenced in another state. The Court affirmed termination of mother’s parental rights, but that the family court erred in finding that father’s progress had stagnated. Nonetheless, the Supreme Court held there was a change of circumstances warranting modification of the case plan in this case given the identification of father, who had previously been involved as M.P.’s caretaker, as M.P.’s legal parent. View "In re M.P." on Justia Law

Posted in: Family Law

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Plaintiff Reed Doyle witnessed an incident involving Burlington Police Department (BPD) officers in a public park. Shortly thereafter, plaintiff submitted a citizen’s complaint form to the BPD to voice concerns about alleged officer misconduct and unreasonable use of force during the incident. Plaintiff subsequently requested to inspect body camera footage, among other records, related to the incident. The BPD denied his request. After filing a complaint in the civil division against the BPD, plaintiff moved for a partial judgment on the pleadings. He argued that the BPD violated the Public Records Act when charged a fee for costs that would be incurred by complying with his request. The trial court denied plaintiff’s motion. The Vermont Supreme Court determined that based on the plain language of the Act, the BPD could not charge for staff time spent in complying with requests to inspect public records. Accordingly, the Court reversed. View "Doyle v. City of Burlington Police Department" on Justia Law

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Neighbors of a proposed solar electric-generation facility challenged the Public Utility Commission's (PUC) issuance of a certificate of public good for the project. At the heart of their appeal was a challenge to the PUC’s conclusions that the Apple Hill project would not unduly interfere with the orderly development of the region and would not have an undue adverse effect on aesthetics. Both of these conclusions rested in substantial part on the PUC’s conclusions that the selectboard of the Town of Bennington took the position that the Apple Hill project complied with the applicable Town Plan, and that the 2010 Town Plan did not establish a clear, written standard. After review, the Vermont Supreme Court determined the evidence and the PUC’s findings did not support these conclusions, so it reversed and remanded for further proceedings. View "In re Petition of Apple Hill Solar LLC" on Justia Law

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Plaintiffs R.L. Vallee, Inc. (Vallee) and Timberlake Associates, LLP (Timberlake) appealed various aspects of three decisions that culminated in the environmental division granting the Vermont Agency of Transportation (VTrans) Act 250 and stormwater discharge permits for a highway project involving the reconfiguration of an interstate exit. The Vermont Supreme Court concluded the environmental division erred in dismissing Vallee’s questions regarding Criterion 1 of Act 250; in all other respects, the Court affirmed. Accordingly,issuance of the stormwater permit was upheld, issuance of the Act 250 permit was reversed, and the matter remanded for the environmental division to consider Vallee’s questions concerning Criterion 1. View "In re Diverging Diamond Interchange SW Permit, Diverging Diamond Interchange A250" on Justia Law

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Defendant Ellie May Morse was charged with simple assault on a law enforcement officer, disorderly conduct, and resisting arrest as a result of her encounter with law enforcement officers outside a motel in Bennington in August 2014. Police were called when one of defendant's teenaged sons got into an argument with the manager of the motel. As the first two officers approached the Fife and Drum, defendant, who had been outside smoking a cigarette, stepped in front of them to block them from going into the motel. Defendant then began moving toward the first pair of officers, who had their backs turned to her. As one of the second two officers tried to move past her, she raised her arm, and the officer reacted by grabbing her arm, spinning her around, and attempting to handcuff her. Defendant struggled and stiffened her arms, and her cigarette came in contact with the officer’s left forearm. Defendant was then placed under arrest. Defendant was convicted by jury of disorderly conduct and resisting arrest and acquitted of simple assault. After the verdict, defendant challenged her convictions through motions for a new trial and judgment of acquittal, alleging the evidence was insufficient to support the convictions. Defendant appealed the denial of those motions. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Morse" on Justia Law

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Sam Conant owned 204 North Avenue from 1979 to 2002. The City of Burlington, Vermont assessed the property as a duplex in 1985. Conant converted the structure on the property from a duplex to a triplex in 1992 and began renting its three units in 1993. He obtained a building permit prior to construction, but he never obtained the required certificate of occupancy. In October 1993, City assessors inspected the property and found that the building contained three units. Pierre Gingue purchased 204 North Avenue from Conant in 2002 and continued to rent out the three apartments. The City issued a notice of violation to Gingue in July 2017 for “a change of use from a duplex to a triplex without zoning approval,” which the City stated was in violation of the City’s Comprehensive Development Ordinance. Gingue did not dispute that the property is in violation of the ordinance, rather, that the statute of limitations in 24 V.S.A. 4454(a) barred the NOV. Based on the plain language of the statute, the Vermont Supreme Court held the statute of limitations did bar the NOV and reversed the trial court’s decision. View "In re 204 North Avenue NOV" on Justia Law

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Petitioner and respondent were siblings and the children of the donor of the trusts at issue in this case. Both the donor and his wife were deceased. Respondent and a bank were co-trustees of the trusts. In June 2018, petitioner asked the probate division to remove respondent as the individual family trustee of the trusts and appoint petitioner’s wife as respondent’s successor. Petitioner asserted that removal of the individual family trustee would improve administration of the trust. He cited as bases for removal the noncommunicative relationship between him and respondent and respondent’s lack of attention to the investment performance of the trusts. Petitioner appealed the civil division’s determination that it lacked jurisdiction to consider his appeal of the probate division’s dismissal of his petition to remove respondent as trustee. After review of the specific facts presented on appeal, the Vermont Supreme Court upheld the civil division’s reasoning but transferred petitioner’s appeal to itself and remanded for further proceedings in the probate division on the petition for removal of trustee. View "In re Peter Val Preda Trusts" on Justia Law

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Luke Purvis appealed the Environmental Division’s denial of his motion for relief under Vermont Rule of Civil Procedure 60(b)(1) and (2). In September 2014, the City of Burlington Code Enforcement Office notified Purvis that it had received a complaint regarding unpermitted expansion of the parking area on his property. It ordered Purvis to restore the area to green space. Purvis appealed to the Development Review Board, arguing that the expansion of the parking area was an unenforceable permit because the expansion first occurred over fifteen years prior. After reviewing various affidavits, drawings, photos, and other exhibits submitted by the City and Purvis, the Board found no violation because it concluded that parking in the area had stopped. Because it found that parking in the area had ceased for a period in excess of sixty days, it held that Purvis had lost the benefit of the fifteen-year limitation on enforcement actions under 24 V.S.A. 4454 and any potential claim to reestablish the right to expanded parking. Purvis appealed that determination to the Environmental Division in May 2015. In August 2016, the parties entered into a settlement agreement, which provided that the parties would dismiss the suit without prejudice. It also provided that the City and Purvis would meet again in another mediation no later than January 15, 2017, to attempt to resolve all disputes. That mediation never took place; no party moved to reopen or extend before August 1, 2017. In March 2018, Purvis moved for relief from the Stipulated Order pursuant to Vermont Rule of Civil Procedure 60(b)(6), arguing that he should be granted relief because he had been represented by conflicted counsel at the time he entered into the Settlement Agreement and submitted the Stipulated Order, and because he had relied on the City’s expressed willingness to mediate after the August 2017 deadline. The Environmental Division held that the motion for relief was unwarranted because Purvis did not file a motion to reopen or extend the time for such a motion before the August 1, 2017 deadline contemplated in the Stipulated Order. On appeal to the Supreme Court, Purvis argued his motion was not time-barred because the order from which he sought relief was not actually a final judgment. Finding no reversible error in the Environmental Division's judgment, the Vermont Supreme Court affirmed. View "In re Purvis Nonconforming Use" on Justia Law

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In October 2017, University of Vermont (“UVM”) Police Services, a fully-certified police agency, issued a criminal citation for disorderly conduct to an adult, W.R. The Criminal Division of the Superior Court found no probable cause for the charge and closed the case. Although the case was closed, it garnered significant public attention. In 2018, petitioner Jacob Oblak requested a copy of the affidavit of probable cause from UVM Police Services pursuant to Vermont’s Access to Public Records Act (“the PRA”). UVM Police Services denied access, stating that the “incident remain[ed] an open investigation within UVM Police Services, and the Superior Court, by not finding probable cause, has sealed all records related to possible charges asserted to date.” Petitioner exhausted his administrative remedies and appealed the denial to the Civil Division. In his complaint, petitioner asked the court to: declare that the affidavit of probable cause was a public record and was not subject to the exemptions found in the PRA; order UVM Police Services to release the affidavit in its entirety or in redacted form; and award him costs and attorney’s fees. UVM Police Services moved to dismiss. The Civil Division of the Superior Court upheld the denial of petitioner’s request and dismissed his complaint. The Vermont Supreme Court reversed and remanded, finding that not only was the record kept by UVM Police Services, but petitioner also requested the record directly from the agency. That UVM Police Services also filed the record with the court did not change its status as an agency record. “The affidavit was prepared by UVM Police Services in the course of public agency business. It is best characterized as a police arrest record. . . . the public has a right to access the affidavit of probable cause because it is an agency record . . . that does not qualify as confidential under the PRA.” View "Oblak v. University of Vermont Police Services" on Justia Law

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Appellants, Neighbors for Healthy Communities (Neighbors), appealed the Environmental Division’s decision to grant an Act 250 permit application to appellees, North East Materials Group, LLC (NEMG) and Rock of Ages Corp. (ROA), for a rock-crushing operation in Graniteville in the Town of Barre. Neighbors argued the court erred in granting NEMG’s application because the proposed operation does not comply with either Act 250 Criterion 1, with respect to air pollution due to silica dust, or Criterion 8, with respect to noise from off-site truck traffic. The Vermont Supreme Court found the trial court committed no error in concluding that NEMG’s rock-crushing operation complied with Act 250 Criterion 1 and Criterion 8. View "In re North East Materials Group, LLC/Rock of Ages Corp. Act 250 Permit" on Justia Law