This case stems from the rate filing submitted to the Green Mountain Care Board (GMCB) by MVP Health Insurance Company (MVP) with respect to the Agri-Services health insurance plan. The State of Vermont, GMCB found that the 2015 Agri-Services rate filing would not promote access to quality health care and denied it for that reason. MVP appealed, arguing: (1) that GMCB’s disapproval was an arbitrary use of discretion based on vague standards that unconstitutionally delegated authority to GMCB; (2) that GMCB’s decision was not supported by the record; and (3) that GMCB’s statutory interpretation of its authority was compelling error. After review, the Supreme Court held that 8 V.S.A. 4062 was constitutional, but found that GMCB’s conclusions were not supported by specific findings on the statutory criteria required for approval of health insurance rates and, accordingly, reversed and remanded for new findings. View "In re MVP Health Insurance Company" on Justia Law

Plaintiff Dennis Chandler appealed a superior court decision denying his claim for summary judgment, and granting the summary judgment motion filed by the Commissioner of the Vermont Department of Corrections. Plaintiff claimed that several statutes and policies enacted after his incarceration had the collective effect of retroactively increasing the length of his sentence and, as a result, violated the Ex Post Facto Clause of the U.S. Constitution. The Vermont Supreme Court affirmed, concluding that, because the statutes and policies did not retroactively alter or limit the Department’s discretion over plaintiff’s treatment programming and early release, their application did not result in a longer sentence than under the prior statutes and policies. View "Chandler v. Pallito" on Justia Law

C&S Wholesale Grocers, Inc., a wholesale grocery distributor, disputed sales tax assessed by the Vermont Department of Taxes on the purchase of reusable fiberglass freezer tubs used in the transport of perishable items, as well as the Department’s refusal to refund sales tax paid on diesel fuel used to power refrigeration systems mounted on taxpayer’s tractor trailers. C&S also contended the penalty assessed by the Commissioner of the Department of Taxes, arguing that it is unreasonable. Finding no reversible error, the Supreme Court affirmed the Department of Taxes. View "C & S Wholesale Grocers, Inc. v. Dept. of Taxes" on Justia Law

Mother appealed a superior court order finding that her proposed relocation and parents’ breakdown in communication were changed circumstances warranting modification of parental rights and responsibilities and transferring sole legal and physical responsibilities of their autistic son to father. She argued that the court erred in finding a real, substantial, and unanticipated change in circumstances, and that the decision to modify the extant custody agreement was not in the best interests of the child. After review, the Supreme Court affirmed the court’s finding of changed circumstances with respect to the court’s award of legal rights and responsibilities to father based on the breakdown in parental cooperation, but reversed and remanded the modification in the order with respect to physical rights and responsibilities and parent-child contact. View "Wener v. Wener" on Justia Law

B.G. was born in September 2006. Mother and father separated in 2007. B.G. has a younger half-sister, C.B., born in August 2009. Mother’s relationships with B.G.’s father and her two subsequent partners, including C.B.’s father, were abusive. In 2010, mother was prescribed pain medication, and this led to a heroin addiction. Mother often left B.G. with his paternal grandfather and step-grandmother. In 2011, when mother planned to move to New York, grandparents began caring for B.G. full time. B.G.’s step-grandmother has been responsible for all interactions with school, doctors, dentists, and counselors. Mother did not participate in any of these aspects of B.G.’s life. B.G. witnessed the domestic violence in mother’s relationships even after 2011 when his time with mother was quite limited. In January 2014, the court removed C.B. from mother’s home. The court issued a Temporary Custody Order transferring custody of the half-sister to grandparents with protective supervision by the Department for Children and Families (DCF). There was no order issued pertaining to B.G., but the court noted that there was an agreement reached by DCF, mother, and step-grandmother that if mother tried to remove B.G. from step-grandmother’s care, DCF would be notified and would seek a conditional custody order. Mother did not progress past supervised visits with C.B. In January 2015, the State filed a petition alleging B.G. was CHINS for lack of proper parental care. Mother appealed the family court’s order concluding that B.G. was a child in need of care or supervision (CHINS), arguing that the court erred in finding that B.G. was abandoned or without proper parental care because mother made arrangements for B.G.’s care. Finding no reversible error, the Supreme Court affirmed the CHINS adjudication on the basis that B.G. was abandoned. View "In re B.G." on Justia Law

This appeal centered on a timber harvest by landowner Plum Creek Maine Timberlands, LLC in forestland enrolled in the current-use, tax-incentive program. The Vermont Department of Forests, Parks and Recreation (FPR) issued an adverse inspection report, concluding that Plum Creek violated its forest-management plan and failed to comply with minimum acceptable standards during the harvest. Consequently, the Department of Taxes removed the land from the current-use program and levied a tax assessment. Plum Creek appealed, and the superior court reversed those administrative decisions. FPR then appealed, arguing that the superior court failed to give appropriate deference to FPR’s determination of the proper methodology for measuring compliance with the forest-management plan. After review, the Supreme Court reversed the court’s decision, reinstating the adverse-inspection report as upheld by the FPR Commissioner. The case was remanded back to the superior court to consider the questions raised in Plum Creek’s appeal of the PVR Director’s decision removing land from the UVA program and leveling a tax assessment. View "Plum Creek Maine Timberlands, LLC v. Vermont Dept. of Forests, Parks & Rec." on Justia Law

Taxpayer TransCanada Hydro Northeast, Inc. appealed a superior court order setting the value of its Bellows Falls hydroelectric facility at $130,000,000, with $108,495,400 taxable by the Town of Rockingham TransCanada argued that the superior court erred when it relied on testimony of the Town’s expert witness. After review, the Supreme Court corrected the trial court’s valuation to read $127,412,212, and affirmed. View "TransCanada Hydro Northeast Inc. v. Town of Rockingham" on Justia Law

Following her conditional plea of guilty to a charge of driving while intoxicated (DWI), second offense, defendant Lenore Hayes appealed the superior court’s denial of her motions to suppress evidence from the vehicle stop and dismiss the case. She argued that there was no reasonable basis for the stop and that, in any event, all evidence should have been suppressed due to the arresting officer’s failure to produce a complete video recording of the stop. Finding no reversible error, the Supreme Court affirmed. View "Vermont v. Hayes" on Justia Law

Defendant Allen Prue was convicted of first-degree murder, conspiracy to commit murder, and attempted kidnapping following a jury trial. On appeal, he argued: (1) his March 27, 2012 confession should have been suppressed because his waiver of his Miranda rights and ensuing confession were not voluntary; (2) the trial court erred in excluding evidence of his wife’s psychiatric diagnosis; (3) the trial court erred in admitting evidence of his wife’s internet search history; and (4) his sentence should have been reversed and remanded because the trial court abused its discretion in denying his motion to continue his sentencing so that certain witnesses could testify. After review and finding no reversible error, the Supreme Court affirmed defendant’s convictions and sentence. View "Vermont v. Prue" on Justia Law

This case centered around sixteen shares in the Malletts Bay Club, Inc. (MBC) that were sitting in escrow since 1998, when George Gordon conveyed the associated real property to J. Douglas Johnson. On summary judgment, the trial court ruled that defendant James McGarry, as transfer agent for the shares, breached the parties’ contract and his fiduciary duty by failing to issue the shares to Gordon’s successors upon their demand, and that defendant MBC had waived its right to challenge Gordon’s failure to transfer those shares to Johnson by agreeing to the Gordon-to-Johnson conveyance. After its review of this matter, the Vermont Supreme Court concluded that the agreement defining the parties’ rights and obligations with respect to the MBC shares did not require McGarry to return the shares to Gordon on demand, and that based on undisputed evidence, MBC did not waive its right to enforce its bylaws with respect to the transaction. Defendants were therefore entitled to summary judgment and plaintiffs were not. The Court remanded for further proceedings to resolve any remaining claims of plaintiffs that were not the subject of the cross motions for summary judgment. View "Rounds v. Mallets Bay Club, Inc." on Justia Law