Justia Vermont Supreme Court Opinion Summaries

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

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

In involuntarily hospitalized patient diagnosed with schizophrenia appealed a trial court’s order allowing for his involuntary medication. Patient argued that the court erred by: (1) incorrectly applying the competency standard under 18 V.S.A. 7625; and (2) failing to address whether a previously prepared document reflecting his desire not to be given psychiatric medication was a “competently expressed written . . . preference[] regarding medication” under 18 V.S.A. 7627(b). After review, the Supreme Court concluded that the trial court’s findings supported its conclusion under section 7625, but agreed that the trial court did not squarely address patient’s argument under section 7627 in its findings. Accordingly, the Court reversed on that issue and remanded for the trial court to issue findings addressing the applicability of section 7627(b). View "In re I.G." on Justia Law

The issue this case presented for the Vermont Supreme Court's consideration centered on the circumstances a child support order could compel an obligor parent whose income was below the self-support reserve to make monthly payments toward outstanding arrearages on a child support surcharge. Father appealed pro se a family court order affirming a magistrate’s decision to deny his motion to modify a child support order that related solely to outstanding arrearages owed for surcharges. He argued that because his limited income from social security disability benefits was below the self-support reserve, he should not have been ordered to make $50 monthly payments toward outstanding surcharges. The magistrate considered the possibility of reducing or eliminating father’s monthly payment obligation, as opposed to discharging the underlying judgment. The magistrate noted that father’s living circumstances had changed on account of a recent divorce and that his income had fallen. However, the magistrate found that his modest monthly income was still sufficient to meet his modest expenses and allow him to continue paying $50 per month toward his surcharge arrearages. In addition, the magistrate found that father’s consistent payment of the $50 per month over the course of years supported the finding that he was, in fact, able to afford the payment. For these reasons, the magistrate declined to reduce father’s monthly surcharge arrearage payment. The statute relating to computation of a parent’s support obligation provided that if a noncustodial parent’s available income is less than the self-support reserve, the court shall use its discretion in determining support and shall require payment of a nominal support amount. The Supreme Court reversed and remanded. The magistrate made no findings that mother had shown good cause why the payment of arrears should be ordered notwithstanding father’s monthly income below the self-support reserve. Nor did the magistrate make any findings from which we might infer a determination of good cause, such as a finding that, notwithstanding his low monthly income, father has access to significant assets, or a finding that for some other reason this case was extraordinary. View "Leitgeb v. Leitgeb" on Justia Law