Justia Vermont Supreme Court Opinion Summaries

Taxpayer C&S Wholesale Grocers, Inc. 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. Taxpayer also contested the penalty assessed by the Commissioner of the Department of Taxes, arguing that it was 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

J.W. was adjudged child in need of care or supervision (CHINS) because his mother would not adequately protect J.W. from father if the child was returned to mother’s care. Mother did not appeal this adjudication, rather father appealed, arguing that the court “usurped the executive role of investigation and prosecution” by taking judicial notice of his criminal record and filings related to a relief-from-abuse (RFA) order that mother obtained against him. He argued that the court’s findings did not support its conclusion. Finding no reversible error, the Supreme Court affirmed. View "In re J.W." on Justia Law

Mother appealed the family court’s order adjudicating her children A.S. and K.S. as children in need of care or supervision (CHINS). On appeal, mother argued that the court erred in looking exclusively at the facts that existed at the time the CHINS petition was filed and ignoring evidence of the changed circumstances at the time of the evidentiary hearing. Finding no reversible error after review of this matter, the Vermont Supreme Court affirmed. View "In re A.S. and K.S." on Justia Law

Employer Entergy Corporation challenged the denial of its request for a credit against future workers’ compensation benefits owed to claimant Sharon Conant. Employer argued on appeal that, given the payments it made to claimant under the terms of a collective bargaining agreement, as well as the retroactive temporary total disability (TTD) payments it was ordered to make, claimant received more money as wage replacement than she was owed. After review, the Supreme Court agreed, and reversed the Commissioner of the Department of Labor’s decision on this point. View "Conant v. Entergy Corporation" on Justia Law

Plaintiffs Citibank (South Dakota), N.A. (lender) and Sears, Roebuck and Co. (retailer) appealed a superior court decision affirming the determination of the Vermont Department of Taxes (Department) that the parties, who had partnered to operate a private label credit card program through retailers’ stores, were not entitled to sales tax refunds related to bad debts. The Department denied lender’s refund requests because it was not a registered vendor under Vermont law that remitted the sales tax it sought to recover, and denied retailer’s deductions because it did not incur the bad debt at issue. On appeal, plaintiffs argued that because they acted in combination to facilitate the sales giving rise to the bad debts, they were not barred from obtaining relief. Finding no reversible error, the Vermont Supreme Court affirmed. View "Citibank (South Dakota), N.A. v. Dept. of Taxes" on Justia Law

This case arose in early July 2012, when the State filed a CHINS (child in need of care and supervision) petition and request for an emergency care order based on concerns about mother’s ability to care for the minor I.B. The parents had a history with Department for Children and Families (DCF); several older children had been previously adjudicated CHINS based on mother’s continuing use of opiates, and their parental rights to the children were ultimately terminated. Father appealed a family court post-disposition order transferring custody of the minor I.B. to the Department for Children and Families (DCF). He argued the court violated his due process rights by: (1) transferring custody without making an express finding of changed circumstances; and (2) applying a preponderance-of-the-evidence standard of proof. The Court of Appeal took these arguments into consideration, as well as whether the order at issue is a final appealable order. The Court concluded that it was, and affirmed. View "In re I.B." on Justia Law

This appeal centered on two petitions filed on behalf of sixty-nine sworn law enforcement officers of the Vermont Department of Fish & Wildlife, Vermont Department of Liquor Control, and Vermont Department of Motor Vehicles. Here, the New England Police Benevolent Association (NEPBA) filed a petition seeking an election of collective bargaining representatives among the sworn officers, currently represented by the Vermont State Employees’ Association (VSEA) as part of the Non-Management Bargaining Unit. VSEA moved to dismiss the petition. The State agreed, and notified the Board by letter that the proposed bargaining unit would not be an appropriate unit. NEPBA appealed an order of the Vermont Labor Relations Board dismissing the petition. Finding no reversible error in the Board's decision, the Supreme Court affirmed. View "In re Petition of New England Police Benevolent Association" on Justia Law

Applicants Cynthia and Charles Burns wanted to make modifications to a two-unit residential building they owned in Burlington. A group of nineteen Burlington residents (neighbors) appealed a Superior Court, Environmental Division decision declining to reach the merits of neighbors’ claim that applicants converted their home into a duplex without a zoning permit on the grounds that the challenge was precluded by a prior decision under 24 V.S.A. 4472(d) or to consider whether a permit was required for applicants’ other modifications. On appeal to the Vermont Supreme Court, neighbors argued: (1) that their challenge was not precluded under section 4472(d) because the prior decision had not been rendered by the Burlington Zoning Administrator as the statute requires; (2) that preventing an appeal without affording notice and opportunity to be heard violated their due process rights; and (3) that they were entitled to a determination by the Environmental Division of whether applicants’ other modifications violated the zoning ordinance because they were done without a permit. The Supreme Court agreed, reversed and remanded for further proceedings. View "In re Burns Two-Unit Residential Building (Long, et al. Appellants)" on Justia Law

The issue this interlocutory appeal presented for the Vermont Supreme Court's review centered on whether 12 V.S.A. 462 created an exemption from the general six-year limitation for Vermont’s claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of limitations, the trial court dismissed the State’s claims insofar as they were predicated on generalized injury to state waters as a whole. On appeal, the State argued that section 462 exempted the State’s claims from the statute of limitations, and, alternatively, that the State’s claims arising under 10 V.S.A. 1390, a statute that established a state policy that the groundwater resources of the state are held in trust for the public, were not time barred because that statute became effective less than six years before the State filed its complaint. The Supreme Court affirmed. View "Vermont v. Atlantic Richfield Company, et al." on Justia Law

In 2010, E.R. was voluntarily admitted to the Psychiatric Department at Central Vermont Medical Center (CVMC) with a “psychotic disorder” after having threatened young children in his home. During his first few days at CVMC, E.R. was easily agitated, made threatening remarks, reported auditory hallucinations, was easily agitated, and had fair-to-poor judgment. The examining physician tentatively diagnosed E.R. with a schizophreniform disorder. This case arose out of the assault of Michael Kuligoski by E.R. after E.R. was discharged from another treatment facility, Brattleboro Retreat, and while he was undergoing outpatient treatment with Northeast Kingdom Human Services (NKHS). Plaintiff Carole Kuligoski, individually and on behalf of Michael, Mark Kuligoski, and James Kuligoski (collectively “plaintiffs”), filed suit against defendants Brattleboro Retreat and NKHS, raising claims of failure to warn of E.R.’s danger to others, failure to train E.R.’s parents in handling E.R., failure to treat, improper release, and negligent undertaking. The superior court granted defendants’ motions to dismiss for failure to state a claim, and plaintiffs appealed. After review, the Supreme Court reversed on the failure to warn and train claims, and affirmed on the failure to treat, improper release and negligent undertaking claims. View "Kuligoski v. Brattleboro Retreat" on Justia Law