Justia Vermont Supreme Court Opinion Summaries

Homeowners Kenneth and Larissa Trinder filed a declaratory judgment action to establish Defendant Connecticut Attorneys Title Insurance Companyâs (Company) obligation to defend or indemnify them regarding an encroachment of their septic system onto their neighborâs property. The Trinders purchased the land in question in 2005. In conjunction with the sale, they purchased title insurance from the Company to defend themselves against situations that might make their title unmarketable or where they would be forced to remove an existing structure on their property because it extends onto someone elseâs. The Trindersâ neighbor was the Mount Holly Community Historical Museum. The Museum called the Trinders to inform them that the Museum intended to expand its facility, and it wanted to reach a settlement with the Trinders that implicated the use of their septic system. The Trinders perceived the Museumâs call (and subsequent letter) as a threat to their title, and contacted their real estate closing attorney, who filed a claim to the Company on their behalf. The Company responded that the matter didnât impact their title. In September, 2008, the Trinders filed suit against the Company seeking to protect its right to have the septic system on the museumâs land, based on the âforced removal and marketabilityâ provisions of the title insurance. Following a bench trial, the court ordered judgment in favor of the Company. The court concluded a plain reading of the insurance policy showed there was no coverage under the forced removal clause, and that the marketability provision did not apply. The Supreme Court agreed with the lower courtâs reasoning and affirmed its order on appeal.

In 2008, Plaintiff Timothy Price filed a pro se complaint in the Superior Court seeking access to the ballots and tally sheets from the November, 2006 election from the town clerk âbefore they are in any way tampered with or destroyed.â The Town of Fairlee moved to dismiss the complaint, arguing that the time to contest an election or ask for a recount had long since passed. The trial court reviewed Plaintiffâs complaint and concluded that Plaintiff was really requesting public records under the stateâs Public Records Act (PRA). The trial court noted that state law required the town clerk to retain all election materials for a 90-day period following an election, and authorized the clerk to destroy those materials after the 90 days passed. The court reasoned that destruction of the election materials had rendered the case moot since it could not grant the relief Plaintiff requested. Plaintiff then submitted a request to the Town for the election records pursuant to the PRA. This time the Town denied the request, saying the records were not subject to the PRA because the records had been destroyed. Taking the matter to court again, the Town moved to dismiss Plaintiffâs request as moot. This time, however, the trial court denied the Townâs motion to dismiss, holding that the records fell into an exception to the mootness doctrine, for actions âcapable of repetition, yet evading review.â The Town then moved for summary judgment, arguing that the election materials had to be âsecurely sealedâ if they hadnât already been destroyed, and were not available for public disclosure. The court granted the Townâs motion. On appeal, the Supreme Court concluded that the trial court was correct to entertain Plaintiffâs petition, but erred in ruling that the election records requested were exempt from disclosure under the PRA and erred in granting summary judgment in favor of the Town. Accordingly, the Court reversed the lower courtâs decision.

Defendant Michael Myers appealed a jury verdict that found him guilty of seven charges all resulting from a drunken altercation in which he drove his truck around the complaining witnessâ lawn, into the witnessâ home, and then fled the scene to be arrested by police a short time later. Defendant made a series of claims on appeal, alleging errors in the trial process and challenging the sufficiency of the evidence presented at trial that supported his conviction. The Supreme Court analyzed the evidence presented at trial, and found it sufficient to support the juryâs verdict convicting him of all charges brought against him.