The Vermont Department of Taxes appeals from trial court orders in favor of defendants in consolidated tax-collection cases. Defendants Thomas Tatro, Kenneth Montani, and Tyre Duvernay failed to file personal income tax returns for various years and the Department sent a First Notice of Audit Assessment to each that provided the amount of taxes due along with interest and penalties. These notices were issued more than three years after the date that the tax returns should have been filed. Defendants did not appeal the assessments to the Commissioner pursuant to 32 V.S.A. 5883. The issue before the superior court in each case arose in the context of a collection action brought by the Department. Defendants did not appear or participate in the collection cases or in these appeals. The Department moved for default judgment. The superior court sua sponte raised a statute-of-limitations challenge to the underlying tax assessments. The court concluded that the underlying tax debts were invalid because the Department issued its notices of deficiencies or assessments of penalty or interest to defendants more than three years after defendants’ tax returns were originally due. The Department argued on appeal to the Vermont Supreme Court that the trial court lacked subject matter jurisdiction to consider the validity of the underlying debts in these collection actions, and that, in any event, it erred in concluding that a three-year limitation period applied. The Supreme Court agreed with the Department on both points. The Court therefore reversed and remanded for entry of judgment in the Department’s favor for the years covered in these cases. View "Vermont Department of Taxes v. Montani et al." on Justia Law

Negotiations Committee of Caledonia Central Supervisory Union (Committee) and Caledonia Central Education Association (Association) disputed whether collective bargaining negotiations between a school board negotiation committee and a teachers’ association constituted “meetings” under the Open Meeting Law and, if so, whether those meetings may be held in executive session. The Caledonia Superior Court dismissed Committee’s complaint seeking declaratory relief for lack of subject matter jurisdiction. The Vermont Supreme Court reversed the dismissal for lack of subject matter jurisdiction and held Vermont’s Open Meeting Law did not apply to labor negotiations between a school district negotiating committee and a labor union. View "Negotiations Committee of Caledonia Central Supervisory Union v. Caledonia Central Education Assn." on Justia Law

Defendant Landon Urban appealed a trial court's imposition of probationary conditions in connection with a plea agreement. In May 2016, defendant was charged with aggravated assault with a deadly weapon and simple assault arising from an altercation at a mud bog event in Ferrisburgh. The arresting officer’s affidavit indicated defendant appeared extremely intoxicated when the officer spoke with him shortly after the incident. The charges were tried to a jury in September 2016, resulting in a conviction on the simple assault count. The jury was unable to reach a verdict on the count alleging aggravated assault. In February 2017, the parties reached a plea agreement wherein defendant agreed to plead nolo contendere to the aggravated assault charge in exchange for concurrent sentences on both the aggravated assault and the simple assault charges. The plea agreement provided that a portion of the sentences was suspended, and defendant was placed on probation for a period of two years. Defendant argued on appeal that a condition forbidding the purchase, possession, or consumption of alcohol, to which he objected at sentencing, violated public policy or was unduly restrictive. He further contended, for various reasons, that additional conditions to which he agreed in the plea agreement should be modified or vacated. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Urban" on Justia Law

Defendant Landon Urban appealed a trial court's imposition of probationary conditions in connection with a plea agreement. In May 2016, defendant was charged with aggravated assault with a deadly weapon and simple assault arising from an altercation at a mud bog event in Ferrisburgh. The arresting officer’s affidavit indicated defendant appeared extremely intoxicated when the officer spoke with him shortly after the incident. The charges were tried to a jury in September 2016, resulting in a conviction on the simple assault count. The jury was unable to reach a verdict on the count alleging aggravated assault. In February 2017, the parties reached a plea agreement wherein defendant agreed to plead nolo contendere to the aggravated assault charge in exchange for concurrent sentences on both the aggravated assault and the simple assault charges. The plea agreement provided that a portion of the sentences was suspended, and defendant was placed on probation for a period of two years. Defendant argued on appeal that a condition forbidding the purchase, possession, or consumption of alcohol, to which he objected at sentencing, violated public policy or was unduly restrictive. He further contended, for various reasons, that additional conditions to which he agreed in the plea agreement should be modified or vacated. Finding no reversible error, the Vermont Supreme Court affirmed. View "Vermont v. Urban" on Justia Law

Plaintiff built a home on leased property owned by the Town of Vernon. The property is part of glebe land1 first leased by the Town in the early nineteenth century. The instant claim is premised upon an alleged covenant of quiet enjoyment in an 1838 deed in which the Town leased the land for the lessee “to farm occupy” and “to hold said granted premises with all the privileges and appurtenances.” Plaintiff obtained his interest in the leased land through a quitclaim deed from his wife in 2013. Plaintiff and his wife had received their interest in the property from a company controlled by plaintiff and a friend. A superior court granted the Town's motion for summary judgment with respect to a claim Plaintiff made that the Town breached a covenant of quiet enjoyment implied in the lease by not providing him access to the property. The superior court found that the pertinent section of "Stebbins Road" had never been officially laid out as a public road and that, therefore, plaintiff never obtained an abutting right of access over the road that would have survived the Town’s later discontinuance of the road. The Vermont Supreme Court determined that the Town had not been joined to earlier litigation in this matter, making resolution of this case by summary judgment improper; the earlier litigation also alleged the Town had not laid out Stebbins Road properly. "Joinder [was] required 'if the action might detrimentally affect a party's or the absentee's ability to protect his property or to prosecute or defend any subsequent litigation in which the absentee might become involved.'" View "Daiello v. Town of Vernon" on Justia Law

Applicant Chris Khamnei appealed a superior court decision affirming the Burlington Public Works Commission’s denial of his request for permits to complete plumbing work in a building he owned because he failed to identify the name of a licensed professional plumber who would perform the work. On appeal, applicant argued the applicable statute and accompanying regulations allowed property owners to perform this type of work without a plumbing license. Finding no reversible error in the Commission's decision, the Vermont Supreme Court affirmed. View "Khamnei v. Burlington Public Works Commission" on Justia Law

Defendant Daniel Larkin appealed his conviction of second-degree aggravated domestic assault. Defendant argued the trial court’s exclusion of evidence of complainant’s previous conviction for providing false information to a police officer (FIPO), offered by defendant to impeach complainant, deprived defendant of a fair trial. The Vermont Supreme Court agreed the trial court erred in excluding the evidence, and that the error was not harmless. "Here, the jury was faced with the competing narratives of complainant and defendant. The outcome of the case hinged on the credibility of these two individuals, and thus we must take extra caution when analyzing the effect of the exclusion of defendant’s impeachment evidence - complainant’s FIPO conviction. . . . The jury could reasonably find that, because complainant had lied to police previously, her statements to testifying witnesses were less credible than they would have been otherwise." View "Vermont v. Larkin" on Justia Law

This case was the second arising from the near-fatal assault of Michael Kuligoski by Evan Rapoza, who had previously been diagnosed with schizophreniform disorder. Here, members of the Kuligoski family(plaintiffs) brought suit against Evan’s grandparents, claiming that they were liable for Evan’s assault of Mr. Kuligoski while Mr. Kuligoski was repairing the furnace at their rental property. Plaintiffs claimed, among other things, that the grandparents were vicariously liable for Evan’s father’s negligent hiring or supervision of Evan, who was there to help his father repaint an apartment. On appeal, plaintiffs sought to reverse the grant of summary judgment in favor of the grandparents. Plaintiffs argued the trial court erred by determining that grandparents could not be held vicariously liable for the attack because it was not reasonably foreseeable. In granting the grandparents' motion, the trial court concluded: (1) to the extent plaintiffs were alleging direct liability on the part of grandparents based on a claim of negligent supervision, that claim failed as a matter of law because it was undisputed that on the day of the assault grandparents were unaware of Evan’s mental-health issues; and (2) notwithstanding the ambiguity as to whether father was grandparents’ employee, grandparents owed no duty to Mr. Kuligoski because Evan’s parents did not undertake to render services by monitoring Evan’s treatment after his release from the Brattleboro Retreat and because, even assuming that father was grandparents’ employee, Evan’s assault against Mr. Kuligoski was not foreseeable. Given the Vermont Supreme Court's determination that, as a matter of law, no employer-employee relationship existed between grandparents and father that would subject grandparents to vicarious liability for any negligence on father’s part in bringing Evan to the workplace on the day he assaulted Mr. Kuligsoki, plaintiffs’ remaining claim in this lawsuit was unsustainable. The Court therefore affirmed, but on grounds different than those used by the trial court. View "Kuligoski v. Rapoza" on Justia Law

Neighbors appealed the Environmental Division’s order dismissing as untimely their appeal to that court from a decision of the Town of Jericho Development Review Board (DRB) granting a conditional use permit to applicant Kevin Mahar. In late April 2015, applicant sought a conditional use permit for a detached accessory structure and apartment at his single-family home in Jericho. On appeal, neighbors argued the appeal was timely because they did not receive proper notice of either the hearing before the DRB or the resulting DRB decision. The Vermont Supreme Court concluded that at least some neighbors adequately raised a sufficient basis to reopen the appeal period and timely filed an appeal. Therefore, the Court reversed the dismissal and remanded to the Environmental Division for resolution of the motion to reopen the appeal period and, if grounds are found, an adjudication on the merits of neighbors’ appeal. View "In re Mahar Conditional Use Permit" on Justia Law

This case involved a long-standing dispute between a condominium unit owner, Roy H.A. Watson III, and the organization that managed his condominium, the Village at Northshore I Association (Association). The legal issues centered around the application of two laws, the Condominium Ownership Act (COA) and the Common Interest Ownership Act (CIOA), to the Association’s governing documents. The central disagreement between the parties involved a Declaration (governing document) and how it allocated ownership interest in the physical structures that made up Northshore, including privately owned areas and commonly owned areas, and the Declaration’s amendment process. The trial court ruled in favor of the Association and granted it declaratory judgment on all thirteen issues that were before the Vermont Supreme Court on appeal. As to nine of the thirteen issues, the Supreme Court affirm the trial court’s judgment in favor of the Association. As to two issues, the Court reversed and enter declaratory judgment in favor of Watson. As to one issue, we affirm the trial court’s decision in favor of the Association in part and reverse and enter declaratory judgment in Watson's favor in part. As to the remaining issue, the case was remanded to the trial court for additional factfinding. View "Watson v. Village at Northshore I Association, Inc." on Justia Law