Justia Vermont Supreme Court Opinion Summaries

Landowners Stephen and Sharon Wille Padnos appealed two Environmental Division decisions that granted summary judgment to landowner Jason Struthers. The court ruled that the City of Essex Junction could not regulate Struthers' duck-raising and cannabis-cultivation operations. The court found that the duck-raising operation was exempt from municipal regulation under 24 V.S.A. § 4413(d)(1)(A) as it constituted a commercial farming operation subject to the Required Agricultural Practices (RAPs) Rule. Additionally, the court concluded that the City could not enforce its zoning regulations on Struthers' cannabis-cultivation operations under 7 V.S.A. § 869(f)(2).The City’s zoning regulations do not permit agricultural, farming, or cannabis-cultivation establishments in the Residential-1 Zoning District. The City’s zoning officer initially declined to enforce these regulations against Struthers. The City’s Development Review Board (DRB) reversed the zoning officer’s decision regarding the duck-raising operation but upheld it for the cannabis-cultivation operation. The Environmental Division later granted summary judgment in favor of Struthers in both cases, concluding that the City could not regulate the duck-raising and cannabis-cultivation operations.The Vermont Supreme Court reviewed the case and held that neither 24 V.S.A. § 4413(d)(1)(A) nor 7 V.S.A. § 869(f)(2) exempts Struthers' operations from all municipal regulation. The court clarified that § 4413(d)(1)(A) prohibits municipal regulation of the specific agricultural practices required by the RAPs Rule, not all farming activities subject to the RAPs Rule. Similarly, § 869(f)(2) prevents municipal regulation of licensed outdoor cannabis cultivators only concerning the water-quality standards established by the RAPs Rule, not all aspects of cannabis cultivation. Consequently, the Vermont Supreme Court reversed the Environmental Division’s decisions and remanded the cases for further proceedings consistent with its opinion. View "In re 8 Taft Street DRB & NOV Appeals" on Justia Law

William and Mary Fulton purchased a 32-acre property in Jericho, Vermont, in August 2021. The property was enrolled in the Agricultural and Managed Forest Land Use Value Appraisal Program (Current Use program) under a forest management plan that generally prohibited tree cutting. Before finalizing the purchase, the Fultons contacted the Department of Forests, Parks, and Recreation (FPR) and the Department of Taxes, Division of Property Valuation and Review (PVR) to inquire about converting the property to agricultural use. They were informed that any tree cutting in violation of the plan would lead to disenrollment from the program and tax penalties. Despite this, the Fultons cut trees on the property shortly after purchasing it.The Fultons did not file the required application to continue the property's enrollment in the Current Use program or submit a notice of withdrawal. In September 2021, the county forester received a complaint about the tree cutting and confirmed the violation. FPR issued an adverse-inspection report in December 2021, leading to the property's removal from the Current Use program and tax penalties. The Fultons appealed to the Superior Court, Chittenden Unit, Civil Division, which granted summary judgment in favor of FPR, concluding that the property was still enrolled in the program at the time of the tree cutting and that the Fultons' actions constituted "development" under the program's rules.The Vermont Supreme Court reviewed the case and affirmed the lower court's decision. The Court held that the property was not automatically disenrolled from the Current Use program when the Fultons failed to submit the required application and fee. Instead, disenrollment occurs only upon the Director of PVR's action. The Court also held that the Fultons' tree cutting did not fall under the statutory exemption for "development" because it was not related to the construction or alteration of a structure for farming, logging, forestry, or conservation purposes. Therefore, the Fultons' tree cutting violated the forest management plan, justifying the property's removal from the Current Use program. View "Fulton v. Department of Forests, Parks, and Recreation" on Justia Law

The case involves Aerie Point Holdings, LLC (Aerie Point) and Vorsteveld Farm, LLC (Vorsteveld). Aerie Point owns a property in Panton, Vermont, which is located downhill from Vorsteveld's dairy farm. In 2017, Vorsteveld began installing tile drains in its fields to improve soil quality. The excess water drained from these tiles was discharged into public ditches, then through culverts, and finally towards Lake Champlain over Aerie Point’s property. This led to increased water flow, sediment, and contaminants on Aerie Point's land, causing shoreline erosion and algae blooms in Lake Champlain. In April 2020, Aerie Point filed a lawsuit against Vorsteveld for trespass and nuisance.The civil division found in favor of Aerie Point in March 2022, concluding that Vorsteveld's actions constituted trespass and nuisance. The court issued an injunction in August 2022, preventing Vorsteveld from allowing water from its drain tile system to flow into the public ditches and culverts on Arnold Bay Road. Vorsteveld did not appeal this judgment.In August 2023, Vorsteveld moved for relief from the judgment under Rule 60(b)(5) and (6), arguing that postjudgment changes in fact and law justified relief from the injunction. Vorsteveld claimed that an Environmental Protection Agency (EPA) investigation regarding filled wetlands on the farm prevented it from complying with the injunction, and that the federal investigation/enforcement action preempted the state injunction. Vorsteveld also argued that changes to Vermont’s Right-to-Farm law justified relief from the injunction. The court denied the motion and the request for an evidentiary hearing.On appeal, the Vermont Supreme Court affirmed the lower court's decision. The court found that Vorsteveld's arguments were attempts to relitigate issues that had been resolved by the judgment. The court also found that Vorsteveld had not demonstrated that there were significant postjudgment changes in factual circumstances or the law that made prospective application of the injunction inequitable. The court concluded that Vorsteveld's arguments relating to the EPA investigation and changes to the Right-to-Farm law were insufficient to merit relief under Rule 60(b). The court also found that the trial court did not abuse its discretion in denying Vorsteveld's request for an evidentiary hearing. View "Aerie Point Holdings, LLC v. Vorsteveld Farm, LLC" on Justia Law