Justia Vermont Supreme Court Opinion Summaries

Can a prison superintendent order a second administrative hearing when a hearing panel finds a prisoner not guilty of violating a prison rule at an initial hearing because of a clerical mistake in the prison’s evidence? Petitioner, an inmate in Vermont State prison charged with fighting, appealed summary judgment decision validating a superintendent’s authority to order a second hearing under these factual circumstances. The hearing officer found petitioner not guilty of the charged violation. The disciplinary committee unanimously agreed with the hearing officer. The superintendent then ordered a new hearing on the charge against petitioner. As he did in his motion for summary judgment, petitioner argues on appeal that the principle of collateral estoppel operates to bar a second hearing on the charge that was tried in his initial hearing. While the Supreme Court was unwilling to rule broadly on the superintendent’s power to order a new hearing, the Court held that the new hearing ordered here was appropriate when it was clear that the original decision was based on a mistake in the recording of the date of the incident underlying the disciplinary action. View "McLaughlin v. Pallito" on Justia Law

A group of landowners (neighbors) adjacent to a proposed planned unit development (PUD) challenged the Environmental Division’s affirmance of the PUD permit. On appeal, neighbors argued that the Environmental Division improperly required them to amend their original statement of questions and then erred by refusing to consider all of the issues raised by neighbors’ Amended Statement of Questions. Neighbors also claimed that the court erred as a matter of law when it concluded that adequate notice was posted of the public hearing on the PUD permit. After review, the Supreme Court affirmed in part and reversed and remanded in part. The court did not err when it required neighbors to file an amended statement of questions under Environmental Proceedings Rule 5(f). The Supreme Court did concluded, however, that, after requiring neighbors to file a new statement of questions, the court was obligated to resolve all of the issues raised by the Amended Statement of Questions. “The court limited its decision on the merits to those issues specifically relating to PUD regulations. This was error. By declining to specifically address these regulations, the court left open issues presented by the Amended Statement of Questions.” Because the parties presented evidence on the regulations and the regulations were before the court, the Environmental Division should have addressed them in its decision. The Supreme Court concluded the Environmental Division did not err when it determined that Atwood satisfied the notice requirements to obtain approval of the project. View "In re Atwood Planned Unit Development" on Justia Law

This case concerned the taxable status of Schulmaier Hall, a building owned by the Vermont College of Fine Arts (VCFA), two-thirds of which VCFA rented to agencies of the State of Vermont (State) during the 2013 and 2014 tax years. The City Assessor of the City of Montpelier (City) found the property nonexempt for those tax years. In response, VCFA brought a motion for declaratory judgment in the trial court, and both parties moved for summary judgment. Granting summary judgment for the City, the court found: (1) that VCFA had failed to exhaust its administrative remedies before moving for declaratory judgment but also (2) that the property was not exempt on the merits. Finding no reversible error in the trial court's judgment, the Supreme Court affirmed. View "Vermont College of Fine Arts v. City of Montpelier" on Justia Law

Mother appealed a superior court decision denying her motion to set aside a previous order terminating her parental rights to her daughter, P.K. Mother voluntarily relinquished her parental rights in the same proceeding in which she entered into a postadoption-contact agreement with P.K.’s paternal grandmother, with whom the child had been placed by the Department for Children and Families (DCF). After DCF removed P.K. from the paternal grandmother’s home and placed her with another pre-adoptive foster family, mother moved to set aside the termination order. The trial court found that mother agreed, at the termination hearing, that "all parties agreed that it was in P.K.’s best interest that custody be transferred to DCF, without limitation as to adoption." Mother argued on appeal to the Supreme Court that the superior court erred by not employing available legal remedies to safeguard her ongoing relationship with P.K., which the court necessarily found to be in P.K.'s best interest in approving the postadoption-contact agreement. She contended that relief was available based on changed circumstances, in this case, the changed circumstances of the paternal grandmother's removal as a preadoptive parent. Finding no reversible error in the superior court’s denial of mother’s motion, the Supreme Court affirmed. View "In re P.K." on Justia Law

Petitioners Representative Donald Turner, Jr. and Senator Joseph Benning, sought to enjoin respondent Governor Peter Shumlin (whose last day in office was January 5, 2017), from appointing a successor to the office held by Associate Justice John Dooley, whose term was set to expire April 1, 2017. Justice Dooley did not file a declaration with the Office of the Secretary of State indicating that he would seek retention for another term beyond March 31, 2017, the last day of his then-current six-year term. On December 21, 2016, Representative Turner filed a petition for quo warranto contesting the Governor's authority to appoint Justice Dooley's successor, asserting that although the Vermont Constitution authorized the Governor to fill a vacancy on the Court, no vacancy would exist until Justice Dooley left office nearly three months after Governor Shumlin left his office. The Supreme Court concluded that the Vermont Constitution did not authorize the Governor to appoint an Associate Justice in anticipation of a vacancy that was not expected to occur until the expiration of the justice's term of office, which would occur months after the Governor left office. "In so holding, we emphasize that our decision today rests entirely upon the meaning and purpose of the Vermont Constitution. We reach our decision having in mind the overarching principles of our democracy: the integrity of our governing institutions and the people's confidence in them. The particular identity of the parties or potential nominees to the Office of Associate Justice have no bearing on our decision. Our sole responsibility in this, as in any, case is to apply the law evenhandedly, regardless of the identity of the litigants, the sensitivity of the issues, or the passing political interests of the moment." View "Turner v. Shumlin" on Justia Law

The Employment Security Board (ESB) affirmed a Department of Labor audit of appellant, Great Northern Construction (GNC). The Department's auditor concluded that GNC had improperly classified two of its workers as independent contractors rather than employees for the purposes of unemployment insurance taxes. In accordance with Vermont's Unemployment Compensation Law, the Department issued GNC an assessment for unpaid taxes from 2011 to 2014 plus interest and a penalty. GNC sought review of the assessment before an administrative law judge, who upheld the Department's tax assessment, and GNC appealed that decision to the ESB. The ESB concluded that the workers in question were not independent contractors but employees according to Vermont's statutory definition of the term. After review, the Supreme Court affirmed the ESB concerning one worker, but reversed as to the other. View "Great Northern Construction, Inc. v. Department of Labor" on Justia Law

The State appealed a Labor Relations Board decision to reverse its dismissal of grievant John Lepore, instead suspending him for thirty days without pay. The Board agreed with the State that grievant committed serious offenses and demonstrated 'poor judgment and dishonesty related to his fitness for state employment' while serving as a juror in a capital murder trial. It concluded, however, the State could not dismiss grievant given its delay in imposing discipline and its failure to restrict grievant's job duties during the investigation into grievant's misconduct. The State argued that neither ground undermined its conclusion that grievant's serious misconduct warranted dismissal, particularly because grievant suffered no prejudice from the delay. After review, the Supreme Court agreed, and therefore reversed the Board's decision. View "In re Grievance of John Lepore" on Justia Law

Appellants Natural Resources Board and Applicant Two Rivers-Ottauquechee (TRO) Regional Commission appealed the Environmental Division’s award of an Act 250 permit to Applicant B&M Realty, LLC, to construct a large mixed-use business park near the Interstate 89 Exit 1 interchange in the Town of Hartford. The trial court concluded that the project satisfied Act 250, including the requirement that it conform with the 2007 TRO Regional Plan. The Natural Resources Board and the TRO Regional Commission argued on appeal that the project was inconsistent with mandatory and unambiguous provisions in the regional plan. Applicant cross-appealed, arguing that the 2007 Regional Plan did not apply, and that the Supreme Court need not consider the plan because the proposed development will not have substantial regional impact. The Supreme Court concluded that the 2007 Regional Plan applied and that the trial court’s conclusion that the project will have substantial regional impact is supported by the evidence, but held that the project was inconsistent with several provisions in the regional plan. The Court accordingly reversed. View "In re B&M Realty, LLC" on Justia Law

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

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