Justia Vermont Supreme Court Opinion Summaries

Mother appealed a trial court order terminating her residual parental rights to her children A.B. and A.B. She argued the trial court erred in denying her request to proceed pro se, which she made on the first day of the termination hearing. Finding that the trial court did not abuse its discretion in denying Mother's request, the Supreme Court affirmed the lower court's decision. View "In re A.B. and A.B." on Justia Law

Plaintiff Adam Cate sued the City of Burlington for breach of contract and intentional infliction of emotional distress (IIED) claiming that the City disciplined him for actions and in a manner not authorized by the City's personnel manual. The trial court granted the City's motion for summary judgment, finding the manual unambiguously allowed the City to place plaintiff on paid administrative leave pending an investigation into unacceptable behavior. The court also concluded that plaintiff failed to prove his claim for IIED. Plaintiff argued on appeal that the trial court misconstrued the City's personnel manual, that issues of fact still remained, and there was sufficient evidence of outrageous conduct. Upon review, the Supreme Court disagreed with plaintiff's claims of error and affirmed the trial court's grant of summary judgment to the City. View "Cate v. City of Burlington" on Justia Law

At the heart of this case was a dispute between developer, Birchwood Land Company, Inc., and contractor, Ormond Bushey & Sons, Inc. over a construction contract.  The developer sued for breach of contract, claiming mainly that the contractor had removed excavated sand from the construction site without permission.  The contractor counterclaimed for amounts due under the contract. The court found that the contractor breached the contract and granted the developer damages for the lost sand. The unpaid balance owed on the contract was offset by the damages. On appeal, the contractor argued that the court erred in denying its request for interest penalties and attorney's fees as the substantially prevailing party. The developer argued that the court erred in limiting damages for the sand removal, denying its request for punitive damages, granting prejudgment interest on contractor's net recovery, and denying its claim for slander of title. Upon review, the Supreme Court concluded the evidence in the record supported the trial court's judgment in this case and affirmed the outcome. View "Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc." on Justia Law

Appellees' (two brothers and a sister) family owned and operated a farm in Pomfret. In 2009, neighbors appealed to the Environmental Division from a decision by the Town’s zoning board of adjustment (ZBA) granting a construction permit for a planer building on farm property. They also appealed a ZBA denial of their request to enforce what they considered to be zoning violations concerning the building of a sawmill and kiln buildings on farm property. The trial court issued a written ruling on the parties’ cross-motions for summary judgment, concluding that the wood-processing buildings at issue did not satisfy the criteria for a permit exemption under the Pomfret zoning ordinance, but that factual issues remained as to whether they qualified as “farm structures” exempt from local zoning regulation under state law. Accordingly, the Supreme Court found no basis to disturb the judgment the trial court's decision, and affirmed it. View "In re Moore Accessory Structure Permit and Use" on Justia Law

Defendant appealed his convictions on charges of disorderly conduct and cruelty to a child. Upon review of the record, the Supreme Court concluded the evidence presented against Defendant was sufficient to support the convictions. View "Vermont v. Amsden" on Justia Law

Defendant City of Burlington Retirement System appealed a superior court judgment that reversed its decision to terminate the disability retirement of plaintiff, a former City firefighter. Upon review, the Supreme Court concluded the record fully supported the superior court's conclusion that there was no reasonable basis for the Board's decision to terminate plaintiff's disability retirement. View "Preston v. Burlington City Reitrement System" on Justia Law

Wife appealed an order modifying spousal maintenance. She argued the trial court erred in setting the date for the modification to take effect, and by reducing husband's maintenance obligation based on her anticipated inheritance even though it had not yet been received, and absent a demonstration that it would improve her financial situation. Upon review of the order, the Supreme Court reversed, finding the evidence supported findings that husband's increase in income was a change of circumstances warranting reinstatement of the original maintenance amount, but that there were insufficient findings to demonstrate, that the inheritance improved her financial situation sufficiently to warrant further modifying her maintenance amount. View "Hausermann v. Hausermann" on Justia Law

In consolidated cases, the common issue centered on whether Vermont laws allowed the Town of Colchester to consider certain intangible factors in assessing seasonal lakefront camps located on leased land. The Supreme Court held that the Town was not precluded from considering such factors in assessing properties. View "Lesage v. Town of Colchester" on Justia Law

Defendant Frank Fellows appealed convictions for sexual assault and lewd and lascivious conduct with a child. He argued that the trial court erred in allowing the State to question his siblings regarding his relationship with the child's (his daughter) mother, and for using that evidence in the State's closing argument. In addition, Defendant contended the trial court omitted reversible error when it admitted testimony of the child-victim's friend regarding a conversation the friend had with the victim on the day after the incident. Finding no errors, the Supreme Court affirmed. View "Vermont v. Fellows" on Justia Law

Vanderminden, a Family Limited Partnership, owned a contiguous piece of property in the adjoining towns of Poultney and Wells. The Wells portion was at issue in this case: the state appraiser affirmed the Town's valuation of the property. On appeal, the partnership argued that the appraiser failed to supply a sufficient explanation for its decision to accept the Town's valuation; in assessing the Wells and Poultney properties as a single parcel then valuing the Wells portion as a seasonal dwelling; and for not accepting the partnership's evidence that the Wells portion was assessed above fair market value of the entire parcel. Upon review, the Supreme Court concluded that the valuation of a single property in more than one town includes both the fair market value of the entire parcel, and of the portion in the town involved in the appeal. Because the partnership presented evidence to demonstrate that the Wells portion's valuation exceeded the fair market value of the entire parcel, Wells' appraisal should have been reduced accordingly. Furthermore, the state appraiser should have given its reason for the high valuation. Accordingly, the Court remanded the case for further proceedings. View "Vanderminden, A Family LTD Partnership v. Town of Wells" on Justia Law