In consolidated cases, the common issue centered on whether Vermont laws allowed the Town of Colchester to consider certain intangible factors in assessing seasonal lakefront camps located on leased land. The Supreme Court held that the Town was not precluded from considering such factors in assessing properties. View "Lesage v. Town of Colchester" on Justia Law

Defendant Frank Fellows appealed convictions for sexual assault and lewd and lascivious conduct with a child. He argued that the trial court erred in allowing the State to question his siblings regarding his relationship with the child's (his daughter) mother, and for using that evidence in the State's closing argument. In addition, Defendant contended the trial court omitted reversible error when it admitted testimony of the child-victim's friend regarding a conversation the friend had with the victim on the day after the incident. Finding no errors, the Supreme Court affirmed. View "Vermont v. Fellows" on Justia Law

Vanderminden, a Family Limited Partnership, owned a contiguous piece of property in the adjoining towns of Poultney and Wells. The Wells portion was at issue in this case: the state appraiser affirmed the Town's valuation of the property. On appeal, the partnership argued that the appraiser failed to supply a sufficient explanation for its decision to accept the Town's valuation; in assessing the Wells and Poultney properties as a single parcel then valuing the Wells portion as a seasonal dwelling; and for not accepting the partnership's evidence that the Wells portion was assessed above fair market value of the entire parcel. Upon review, the Supreme Court concluded that the valuation of a single property in more than one town includes both the fair market value of the entire parcel, and of the portion in the town involved in the appeal. Because the partnership presented evidence to demonstrate that the Wells portion's valuation exceeded the fair market value of the entire parcel, Wells' appraisal should have been reduced accordingly. Furthermore, the state appraiser should have given its reason for the high valuation. Accordingly, the Court remanded the case for further proceedings. View "Vanderminden, A Family LTD Partnership v. Town of Wells" on Justia Law

Claimant Deborah Lydy was a traveling licensed practical nurse employed by defendant Trustaff, Inc. While on duty, a patient attacked her causing her to suffer (among other things) an acute cervical sprain. The issue before the Supreme Court in this case centered on whether employer-health insurance premiums should have been included when calculating claimant's average weekly wages under the state workers' compensation laws. The Department of Labor concluded that such premiums were not "wages" and should not have been included. Concluding that the Vermont Legislature did not intend for wages to include payments made on behalf of employees for the purpose of acquiring health insurance. Accordingly, the Court affirmed the Commissioner's judgment. View "Lydy v. Trustaff, Inc." on Justia Law

Defendants Timothy Persons and the Trust A of Timothy Persons appealed an Environmental Division decision holding that certain excavation work performed on their property violated the state Wetlands Protection and Water Resources Management laws and the state Wetlands Rules. Among other things, defendants contended they were not given adequate notice that portions of the lands in question contained a protected wetland, and therefore, should not have been subjected to fines. The Supreme Court found no merit to defendants' contentions, and affirmed the Environmental Division. View "Agency of Natural Resources v. Persons" on Justia Law

In 2006, Claimant Robert Brown tore the rotator cuff in his right shoulder while at work. The issue on appeal before the Supreme Court in this case centered on whether the workers' compensation laws precluded a certain impairment rating and associated award of permanent partial disability benefits for Complex Regional Pain Syndrome (CRPS) when the claimant was not diagnosed with CRPS, but an expert confirmed he had it. The Commissioner of the Department of Labor and the trial court both concluded that the applicable law denied the Commissioner discretion to assign the impairment rating and award benefits associated with CRPS when the diagnosis did not meet the diagnostic standards. Upon review of the matter, the Supreme Court concluded the Commissioner erred in his conclusion, and reversed and remanded for reconsideration. View "Brown v. W.T. Martin Plumbing & Heating, Inc." on Justia Law

The Town of Vernon appealed a superior court decision that reversed its decision to fire police chief Kevin Turnley. The Selectboard determined that the chief made inaccurate statements at public meetings when asked about his knowledge of a certain criminal defendant's (a sex-offender) residence in town and why he didn't tell the community. Upon review of the matter, the Supreme Court concluded that Selectboard failed to make the necessary findings on record to support the chief's firing, so the Court affirmed the superior court's decision. View "Turnley v. Town of Vernon" on Justia Law

Petitioner William Kimmick appealed a superior court's denial of his petition for post-conviction relief (PCR), contending he received ineffective assistance of counsel at sentencing. Finding no ineffective counsel or error by the superior court in its decision, the Supreme Court affirmed the denial of relief. View "In re Kimmick" on Justia Law

The Town of Hartford and Marc and Susan Wood have been involved in a property dispute for over a decade. At issue: the construction of a large concrete retaining wall along the Woods property. They appealed the latest superior court decision in the matter. In 1999, the Town approved the Woods' application for a zoning permit to construct the wall. In early 2000, Woods began stockpiling recycled concrete slab sections in order to construct it. The Town served Woods a Notice of Violation (NOV) and filed an enforcement action, arguing that the concrete was not what was specified in the zoning permit. A court determined that Woods failed to meet the specifications for the permit. Woods appealed, and thus began the litigation that ultimately wound up before the Supreme Court in this case. In 2011, the superior court concluded that Woods still had not adhered to the permit's specifications. Woods raised thirteen claims of error on appeal, mostly challenging the sufficiency of evidence and errors in interpretation of the zoning code. Finding no error in the superior court's 2011 decision, the Supreme Court affirmed. View "In re Wood NOV, Town of Hartford v. Wood" on Justia Law

The Town of Fairfax cited homeowner Leon Beliveau for changing the use of his property from a single-family dwelling to a rooming-and-boarding house without obtaining the necessary zoning permits. Beliveau argued on appeal that the trial court erred in finding his property was used as a boarding house, and that the Town's zoning laws were unconstitutionally vague. Finding no error in the trial court's view of Beliveau's property, and that the town's zoning laws were not unconstitutionally vague, the Supreme Court affirmed. View "In re Beliveau NOV, Town of Fairfax v. Beliveau" on Justia Law