Justia Vermont Supreme Court Opinion Summaries

Plaintiff David Farrell, Trustee of the David Farrell Trust, appealed the grant of summary judgment for defendants Vermont Electric Power Company and Vermont Transco (together, VELCO), the holders of an easement for the construction and operation of electrical transmission lines on plaintiff's property. Plaintiff claimed that VELCO's easement was limited to the installation and operation of transmission lines necessary for the "Queen City Tap Project." He argued that VELCO exceeded the scope of its easement by installing a second transmission line on plaintiff's property in connection with an unrelated transmission-line project. The trial court held that the easement's express terms authorized VELCO to install transmission lines unrelated to the Queen City Tap Project, and that any increased impact on plaintiff's property caused by the new line did not amount to overburdening. "VELCO's easement, by its express terms, authorized its installation of the NRP line on the Property. Such use is also consistent with the easement's purpose - the transmission of electricity - and does not impose an additional burden on the Property requiring further compensation." Accordingly, the trial court's grant of summary judgment for VELCO was affirmed. View "Farrell v. Vermont Electric Power Co." on Justia Law

Applicant Marilyn Clifford appealed the denial of long-term home-care benefits under the Medicaid-funded Choices for Care program, arguing that a second home on an adjacent piece of property should have been excluded from the financial-eligibility calculation. Given the language of the regulation, the legislative history that led to its promulgation, and the policy considerations attending the Medicaid program, the Supreme Court concluded that the Secretary correctly interpreted the home-exclusion rule when he reinstated the determination of the Department of Children and Families denying the benefits. Thus, the Court found no compelling indication of error in the Secretary’s determination and affirmed. View "In re Marilyn Clifford" on Justia Law

Neighbors of a proposed affordable housing development appealed an Environmental Division decision affirming a decision of the Town of Woodstock Development Review Board (DRB) granting appellee-applicants Woodstock Community Trust and Housing Vermont (WCT) a zoning permit and a decision of the District 3 Environmental Commission, granting an Act 250 Land Use Permit. The Environmental Division had reversed an earlier decision of the DRB granting a permit, but upon WCT’s reapplication, and another favorable decision from the DRB, the Environmental Division affirmed, finding that the deficiencies of the first application had been corrected. Following the second DRB decision, WCT went to the Environmental Commission and obtained an Act 250 permit; the Environmental Division also affirmed the grant of this permit. Neighbors argued that: (1) the successive-application doctrine should have barred the submission of the second zoning permit application; (2) the second application failed to correct the problems of the first application; (3) certain of the Environmental Division’s findings with respect to the Act 250 permit were clearly erroneous; (4) the court erred by denying a motion to stay this proceeding; and (5) the Environmental Division erred by conditioning approval on a water easement’s location being drawn on the plan. Upon review, the Supreme Court affirmed. "It is entirely within the jurisdiction of the Environmental Division to impose conditions on permits. . . .the Environmental Division was sensitive to the concurrent litigation when it imposed the condition, requiring that the pending litigation be noted on the plan. The condition was based on the requirements of the Woodstock zoning ordinance, and it was within the court’s jurisdiction and discretion to require it." View "In re Woodstock Community Trust and Housing Vermont PRD" on Justia Law

In consolidated appeals, the Lowell Mountains Group, Inc. (LMG), and the Towns of Albany and Craftsbury, challenged several Public Service Board orders related to the construction of a wind-electric-generation facility and associated facilities on Lowell Mountain in Lowell, Vermont. In May 2010, petitioners Green Mountain Power Corporation (GMP), Vermont Electric Cooperative, Inc. (VEC), and Vermont Electric Power Company, Inc. and Vermont Transco LLC (VELCO) requested a certificate of public good (CPG) to construct a wind-electric-generation facility on Lowell Mountain. On May 31, 2011, following testimony, site visits, a public hearing, and hearings, the Board issued a final order granting a CPG subject to forty-five conditions. Appellants and several other parties moved for reconsideration. On July 12, 2011, the Board modified its final order in certain respects. The Towns and LMG appealed that final order with modifications. The parties also raised compliance issues with the final order that the Board ultimately overruled. Upon review of the Board's orders, the Supreme Court found no abuse of discretion, and deferred to the Board's decisions with regard to the final order. Accordingly, the Court affirmed the Board. View "In re Green Mountain Power Corp." on Justia Law

Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appealed the superior court's grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built, office. Plaintiffs also sought to enjoin the City from enforcing the tax assessment on the office building ultimately constructed. On appeal, they argued that the court erred in concluding that their negligence claim was barred by municipal immunity and that they failed to establish equitable estoppel against the City. Upon review, the Supreme Court concluded that the City Assessor was immune from suit, and that plaintiffs could no establish estoppel with the facts of this case. Finding no error with the trial court's grant of summary judgment in favor of the City, the Supreme Court affirmed that decision. View "Sobel v. City of Rutland" on Justia Law

The issue in two consolidated cases concerned a public housing authority and three of its tenants.  Bennington Housing Authority (BHA) appealed two trial court decisions dismissing ejectment claims against tenants, and granting summary judgment to tenants on two counterclaims: (1) that BHA failed to properly advise tenants of their right to request a grievance hearing when it billed them for repairs and fines; and (2) that BHA’s policy of fining tenants for open windows in the winter is prohibited under federal regulations. Upon review, the Supreme Court held that that BHA violated federal regulations for insufficient notice of the grievance procedure in both the termination of lease notices and the bills for maintenance and repair costs sent to tenants. The Court agreed with the trial court that BHA’s window-fine policy was prohibited by federal regulations.  BHA’s ejectment claims were thus dismissed, and the trial court’s grant of summary judgment on tenants’ counterclaims was affirmed. View "Bennington Housing Authority v. Lake" on Justia Law

This litigation arose from the construction of a 143-unit condominium complex. Plaintiff Long Trail House Condominium Association appealed a trial court’s order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argued that the court erred in: (1) applying the economic loss rule to bar its negligence claim; and (2) dismissing its breach of implied warranty claim. Upon review of the trial court record, the Supreme Court affirmed, finding no error in the trial court's decision. View "Long Trail House Condominium Assoc. v. Engelberth Construction, Inc." on Justia Law

Appellants John and Margaret Toor appealed a decision of the Superior Court, Environmental Division, which upheld a notice of violation issued by the Town of Grand Isle Zoning Administrator for changing the use of their single-family home in Grand Isle without obtaining a zoning permit. On appeal, appellants argued that renting their home did not constitute a change in use under the Town's zoning ordinance, and accordingly they were not required to obtain a zoning permit prior to renting. Upon review of the applicable zoning ordinances and the parites' briefs on appeal, the Supreme Court agreed with Appellants and reversed the Zoning Administrator's decision. View "In re Toor & Toor Living Trust NOV" on Justia Law

Pro se Defendant Casey Hafford appealed a trial court's order that granted plaintiff Becky Nystrom's request to partition jointly owned property. Defendant argued that the court erred in rejecting his argument that he added Ms. Nystrom's name to the deed only in anticipation of marriage, in calculating the parties' respective interests in the property, in granting Ms. Nystrom's request for occupancy, and in declining to award him attorneys' fees in connection with Ms. Nystrom's father's Prompt Pay Act claim. Upon review, the Supreme Court affirmed the trial court's rulings concerning the partition itself, but reversed the trial court's ruling with respect to attorneys' fees and remanded for reconsideration of Mr. Hafford's fee petition pursuant to the Prompt Pay Act. View "Nystrom & Nystrom v. Hafford" on Justia Law

Plaintiff Richard Daniels wanted to foreclose on a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont. Defendant creditors, who include the Vermont Human Rights Commission, four individual women, and the Watts Law Firm, all have junior security interests in the property at issue and opposed foreclosure. Creditors appealed a trial court decision granting plaintiff’s motions for summary judgment, concluding that plaintiff had standing to foreclose and was entitled to a judgment of foreclosure against all parties, and dismissing creditors' counterclaims. Upon review of the matter, the Supreme Court reversed and remanded the decision to include certain advances in the mortgage amount and the dismissal of the counterclaims. View "Daniels v. Elks Club of Hartford" on Justia Law