Justia Vermont Supreme Court Opinion Summaries

Petitioner and respondent were siblings and the children of the donor of the trusts at issue in this case. Both the donor and his wife were deceased. Respondent and a bank were co-trustees of the trusts. In June 2018, petitioner asked the probate division to remove respondent as the individual family trustee of the trusts and appoint petitioner’s wife as respondent’s successor. Petitioner asserted that removal of the individual family trustee would improve administration of the trust. He cited as bases for removal the noncommunicative relationship between him and respondent and respondent’s lack of attention to the investment performance of the trusts. Petitioner appealed the civil division’s determination that it lacked jurisdiction to consider his appeal of the probate division’s dismissal of his petition to remove respondent as trustee. After review of the specific facts presented on appeal, the Vermont Supreme Court upheld the civil division’s reasoning but transferred petitioner’s appeal to itself and remanded for further proceedings in the probate division on the petition for removal of trustee. View "In re Peter Val Preda Trusts" on Justia Law

Luke Purvis appealed the Environmental Division’s denial of his motion for relief under Vermont Rule of Civil Procedure 60(b)(1) and (2). In September 2014, the City of Burlington Code Enforcement Office notified Purvis that it had received a complaint regarding unpermitted expansion of the parking area on his property. It ordered Purvis to restore the area to green space. Purvis appealed to the Development Review Board, arguing that the expansion of the parking area was an unenforceable permit because the expansion first occurred over fifteen years prior. After reviewing various affidavits, drawings, photos, and other exhibits submitted by the City and Purvis, the Board found no violation because it concluded that parking in the area had stopped. Because it found that parking in the area had ceased for a period in excess of sixty days, it held that Purvis had lost the benefit of the fifteen-year limitation on enforcement actions under 24 V.S.A. 4454 and any potential claim to reestablish the right to expanded parking. Purvis appealed that determination to the Environmental Division in May 2015. In August 2016, the parties entered into a settlement agreement, which provided that the parties would dismiss the suit without prejudice. It also provided that the City and Purvis would meet again in another mediation no later than January 15, 2017, to attempt to resolve all disputes. That mediation never took place; no party moved to reopen or extend before August 1, 2017. In March 2018, Purvis moved for relief from the Stipulated Order pursuant to Vermont Rule of Civil Procedure 60(b)(6), arguing that he should be granted relief because he had been represented by conflicted counsel at the time he entered into the Settlement Agreement and submitted the Stipulated Order, and because he had relied on the City’s expressed willingness to mediate after the August 2017 deadline. The Environmental Division held that the motion for relief was unwarranted because Purvis did not file a motion to reopen or extend the time for such a motion before the August 1, 2017 deadline contemplated in the Stipulated Order. On appeal to the Supreme Court, Purvis argued his motion was not time-barred because the order from which he sought relief was not actually a final judgment. Finding no reversible error in the Environmental Division's judgment, the Vermont Supreme Court affirmed. View "In re Purvis Nonconforming Use" on Justia Law

In October 2017, University of Vermont (“UVM”) Police Services, a fully-certified police agency, issued a criminal citation for disorderly conduct to an adult, W.R. The Criminal Division of the Superior Court found no probable cause for the charge and closed the case. Although the case was closed, it garnered significant public attention. In 2018, petitioner Jacob Oblak requested a copy of the affidavit of probable cause from UVM Police Services pursuant to Vermont’s Access to Public Records Act (“the PRA”). UVM Police Services denied access, stating that the “incident remain[ed] an open investigation within UVM Police Services, and the Superior Court, by not finding probable cause, has sealed all records related to possible charges asserted to date.” Petitioner exhausted his administrative remedies and appealed the denial to the Civil Division. In his complaint, petitioner asked the court to: declare that the affidavit of probable cause was a public record and was not subject to the exemptions found in the PRA; order UVM Police Services to release the affidavit in its entirety or in redacted form; and award him costs and attorney’s fees. UVM Police Services moved to dismiss. The Civil Division of the Superior Court upheld the denial of petitioner’s request and dismissed his complaint. The Vermont Supreme Court reversed and remanded, finding that not only was the record kept by UVM Police Services, but petitioner also requested the record directly from the agency. That UVM Police Services also filed the record with the court did not change its status as an agency record. “The affidavit was prepared by UVM Police Services in the course of public agency business. It is best characterized as a police arrest record. . . . the public has a right to access the affidavit of probable cause because it is an agency record . . . that does not qualify as confidential under the PRA.” View "Oblak v. University of Vermont Police Services" on Justia Law

Appellants, Neighbors for Healthy Communities (Neighbors), appealed the Environmental Division’s decision to grant an Act 250 permit application to appellees, North East Materials Group, LLC (NEMG) and Rock of Ages Corp. (ROA), for a rock-crushing operation in Graniteville in the Town of Barre. Neighbors argued the court erred in granting NEMG’s application because the proposed operation does not comply with either Act 250 Criterion 1, with respect to air pollution due to silica dust, or Criterion 8, with respect to noise from off-site truck traffic. The Vermont Supreme Court found the trial court committed no error in concluding that NEMG’s rock-crushing operation complied with Act 250 Criterion 1 and Criterion 8. View "In re North East Materials Group, LLC/Rock of Ages Corp. Act 250 Permit" on Justia Law

The trial court found that the parties to this landlord-tenant dispute had an oral rental agreement. Plaintiff-landlord was awarded plaintiff landlord back rent and reimbursement for electric bills. The court granted one tenant damages to compensate him for work he performed on landlord’s properties and another tenant compensatory and punitive damages for breach of the implied warranty of habitability and illegal eviction. Landlord appealed, arguing the trial court erred by: (1) finding there was an oral rental agreement between the parties and that defendants were tenants; (2) awarding rent for only a portion of the period tenants occupied the property; (3) awarding tenant Edson damages because the claim was not properly pled; and (4) awarding tenant Well punitive damages. Tenants cross appealed, arguing that the court abused its discretion in finding there was an agreement to pay rent once the building was compliant with the housing code and erred in awarding landlord back rent based on a theory of unjust enrichment. The Vermont Supreme Court concluded the evidence supported the trial court’s finding that the parties entered an oral agreement allowing tenants to stay in landlord’s apartment rent-free for some portion of time. The record did not support the court’s findings as to the terms of that agreement: that tenants agreed to pay rent after the building became compliant with the housing code and that the building did not become code-compliant until the third week of November 2016. Consequently, the award of back rent and reimbursement for electrical costs to landlord was stricken, and that issue remanded back to the trial court to make new findings regarding the nature of the parties’ agreement and to enter any revised judgment if supported by the facts. The Supreme Court affirmed the trial court’s award of damages to tenant Edson for the work he performed for landlord, concluding that the issue was tried by implied consent. Finally, the Supreme Court concluded an award of punitive damages was allowable as damages for breach of the warranty of habitability and affirmed the award of punitive damages to tenant Well. View "Kwon v. Edson" on Justia Law

Appellants Icon Legacy Custom Modular Homes, LLC and Icon Legacy Transport, LLC challenged a series of trial court orders in favor of appellees Dagney Trevor, Merusi Builders, Inc., Osborne Construction, LLC, and Paul Osborne. This appeal arose from the sale and construction of a new modular home that suffered from significant deficiencies. Trevor purchased the modular home; Icon Legacy Custom Modular Homes, LLC (Icon Legacy) and Icon Legacy Transport, LLC (Icon Transport) manufactured and transported the home; Osborne Construction, LLC (Osborne Construction) and Paul Osborne (Osborne) were collectively the contractor involved in the assembly the home; Merusi Builders, Inc. (Merusi) was a subcontractor involved in the assembly of the home. Though not parties to this appeal, Vermont Modular Homes, Inc., David Curtis, and Blane Bovier were Icon’s Vermont-based “approved builders” and three of the defendants in the suit below. In 2015, Trevor purchased an Icon Legacy Custom Modular Home as a replacement to one she lost to fire. The home sustained significant water damage during a rainstorm when water entered the home before the roof installation was complete. Other structural defects emerged after Trevor moved into the home. Although Icon and Vermont Modular Homes repaired some of the damage, major defects relating to both the water damage and alleged improper construction remained in the home. Ultimately judgement was entered against Icon. Icon appealed, arguing multiple errors leading to the outcome against it. The Vermont Supreme Court reversed as to the trial court's thirty-percent upward adjustment of the lodestar damages calculation, and remanded for the trial court to strike that amount from Trevor's attorney fee award. The Court affirmed the trial court in all other respects. View "Trevor v. Icon Legacy Custom Modular Homes, LLC, et al." on Justia Law

Integrated Technologies, Inc. (ITI) appealed the grant of summary judgment in favor of Crum & Forster Specialty Insurance Company (Crum). ITI alleged Crum breached its duty to defend ITI against a suit brought by the GOAD Company. The court granted summary judgment to Crum, finding no claim in the GOAD complaint that was potentially covered by the policy’s Errors & Omissions (E&O) Liability Coverage Part. ITI argued on appeal that the trial court misread the allegations in the GOAD complaint and interpreted the policy coverage too narrowly. Finding no reversible error, the Vermont Supreme Court affirmed. View "Integrated Technologies, Inc. v. Crum & Forster Specialty Insurance Company" on Justia Law

Plaintiff Dawn Boynton appealed the trial court’s dismissal of her wrongful termination complaint against her former employer. In her amended complaint, plaintiff alleges that she was terminated from her employment as a medical assistant at defendants’ medical office in Rutland, Vermont in September 2017 in violation of the covenant of good faith and fair dealing and contrary to whistleblower protections. The trial court found that the employee handbook was unambiguous and established an at-will employment relationship that was fatal to plaintiff’s claim of a violation of the covenant of good faith and fair dealing. The court also rejected plaintiff’s assertion that defendants violated public policy by terminating her because she qualified as a “whistleblower” under the terms of the handbook, concluding that neither the handbook nor the whistleblower statute covered the conduct she reported. The Vermont Supreme Court concluded plaintiff failed to state a claim for violation of a clear and compelling public policy. Furthermore, she did not state a claim under the handbook’s whistleblower policy. Therefore, the Supreme Court concluded the trial court properly dismissed plaintiff’s case. View "Boynton v. ClearChoice MD, MSO, LLC" on Justia Law

Defendant Jeffrey Ray appealed the twenty years to life sentence he received for second-degree murder, which was imposed after a contested sentencing hearing following a plea agreement reducing the charge from first-degree murder. On appeal, he argued the sentencing court erred in finding the victim, Richard Vreeland, to be “particularly vulnerable” based solely on his being unarmed and within shooting range of defendant. Finding no reversible error, the Vermont Supreme Court affirmed the sentence. View "Vermont v. Ray" on Justia Law

The Vermont Labor Relations Board (Board) dismissed a petition for the election of a collective-bargaining representative filed by appellant-petitioner, Vermont State Colleges Faculty Federation (Federation). The petition sought to include part-time faculty teaching for the Vermont State Colleges (VSC) distance-learning program (DLP) in the existing part-time faculty collective bargaining unit represented by the Federation. The Federation filed an initial and amended petition, in response to which the Board issued three orders: an original and two amended orders. The order at issue here was the second amended order: the Board dismissed the petition for failing to propose an appropriate bargaining unit. On appeal, the Federation asked the Vermont Supreme Court to reverse the Board’s dismissal and order the Board to reinstate the petition and conduct an election among the proposed unit members. VSC argued the Supreme Court should affirm the Board’s original decision and order an election or, in the alternative, affirm the Board’s second amended order dismissing the petition. The Supreme Court found the Board’s factual findings demonstrated that DLP faculty and on-campus faculty had different student populations, geographic locations, faculty experiences and teaching platforms, and hiring practices, and compensation considerations. The Board found that the two groups had minimal interactions, because, due to the increase in distance learning, they were inherent competitors, and that new issues for online educators not shared by traditional faculty would arise in the near future. All of these findings supported the Board’s conclusion that there were sufficient differences in the interests between these two groups that combining them would result in an inappropriate collective-bargaining unit. Therefore, the Supreme Court affirmed the Board’s dismissal. View "In re Vermont State Colleges Faculty Federation, AFT Local 3180" on Justia Law