160 results for 'court:"Vermont Supreme Court"'.
Per curiam, the Vermont Supreme Court finds that the trial court usurped the jury's role when it improperly granted the property owner judgment as a matter of law in a slip-and-fall action stemming from a tenant's fall on ice in the property owner's parking lot. The tenant established sufficient evidence for the jury to find that the property owner's negligent conduct caused her fall. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 21, 2023, Case #: 23-AP-177, Categories: Jury, Negligence, Premises Liability
J. Reiber finds the Environmental Division properly found in favor of the Vermont Permanency Initiative for a zoning permit from the town to renovate property owned by the initiative to house disabled youth. The undisputed facts show the property will be a group home for disabled youth. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: December 21, 2023, Case #: 22-AP-324, Categories: Property, Housing
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment in favor of a Vermont cabinet company in this contract dispute. The New York homeowners failed to comply with jurisdiction requirements for the delivery of a summons and the complaint resulting in the findings of personal jurisdiction.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-AP-202, Categories: Jurisdiction
Per curiam, the Vermont Supreme Court finds that the employment security board properly found a former California employee ineligible for pandemic unemployment assistance. The employee was ineligible at the time because had an unexhausted open unemployment benefit claim in California from being terminated.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-138, Categories: Employment
Per curiam, the Vermont Supreme Court finds that the employment security board properly found a former traffic control flagger ineligible for unemployment benefits. The employee left her employment voluntarily but alleges she asked to be laid off for the winter months and she missed work due to medical reasons. She was ordered to pay the benefits received of $501 back since she was not terminated or laid off by the employer.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-161, Categories: Employment
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[Consolidated.] Per curiam, the Vermont Supreme Court finds the environmental division properly affirmed the denial of development permit by the town for a landowner’s pavilion structure and dismissed an appeal for an unpermitted structure permit. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-255, Categories: Property
Per curiam, the Vermont Supreme Court finds the trial court properly dismissed a citizen’s declaratory judgment and due process claims in favor of a bank for a mortgage foreclosure on his partner’s property. The citizen alleges he had a right to the property due to his ownership interest and he will be injured from the foreclosure. He is not a party beneficiary since he is not on the contract and does not give him any rights to assert claims that may arise. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-AP-189, Categories: Property, Banking / Lending
Per curiam, the Vermont Supreme Court finds the trial court properly awarded the parental rights and responsibilities, but improperly awarded the parent-child contact schedule, between a mother and father with one minor child. The mother has been the child’s primary care provider and both parties have good parenting skills for the best interest of the child. The father claims judicial bias regarding the schedule, arguing the court’s unsupported findings were biased against him, but fails to demonstrate this. The parent-child contact award is remanded for additional findings. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-062, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds that the trial court properly divided the parties remaining proceeds of the wife’s home that was sold and the equity of the marital home. The proceeds from the wife’s home went into remodeling the marital home; therefore, the husband fails to prove the distribution is inequitable. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-211, Categories: Family Law, Property
Per curiam, the Vermont Supreme Court finds the trial court properly allowed the construction of an outdoor amplified music area at an existing ski lodge. The outdoor amplified music area was opposed by a neighbor due to the noise having an adverse impact. Despite the neighbor’s opposition that the project would cause excessive noise conditions, the findings weighed the evidence and determined there would be no adverse impact from the noise. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-239, Categories: Evidence, Property
J. Carroll finds the trial court properly granted summary judgment to two property owners regarding allocation related to the maintenance of a shared private road with all landowners. When there is no agreement or requirement set when the road is built then each landowner must “rateably” pay the maintenance equally. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: December 15, 2023, Case #: 23-AP-003, Categories: Property
J. Carroll finds the trial court properly dismissed the school district’s sexual harassment filed by a student complaint for lack of subject-matter jurisdiction in favor of the human rights commission. The district asserts they are entitled to but could not identify either mandamus or prohibition to create a subject-matter jurisdiction. Affirmed.e
Court: Vermont Supreme Court, Judge: Carroll, Filed On: December 8, 2023, Case #: 23-AP-058, Categories: Civil Rights, Education, Jurisdiction
Per curiam, the Vermont Supreme Court finds the trial court properly held the inmate without bond after he allegedly sexually assaulted two minor children. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-374, Categories: Sex Offender, Bail, Child Victims
Per curiam, the Vermont Supreme Court finds that the trial court properly denied bail after inmate was charged with two counts of aggravated domestic assault. The inmate is a habitual offender and faces a possible life sentence. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-364, Categories: Assault, Bail
Per curiam, the Vermont Supreme Court finds the family division properly denied the ex-husband’s motion for relief from abuse order against his ex-wife for stalking. He argues the ex-wife put GPS tracking devices on their daughter’s watch, but fails to prove that this was intended to track him personally. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-130, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly granted a dealership summary judgment in this negligent misrepresentation and Vermont Consumer Protection Act lawsuit brought by a consumer alleging breach of warranty. The consumer failed to prove the dealership was personally involved in any fraudulent acts.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-142, Categories: Consumer Law, Warranty
Per curiam, the Vermont Supreme Court finds the Employment Security Board properly concluded the employer was in fact the successor to a lumber company after buying the assets, the name and the business operations within two weeks before the transfer. This means the business is subject to the same unemployment contribution rate as the former owner was. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-168, Categories: Employment
Per curiam, the Vermont Supreme Court finds the trial court properly excluded material that was not relevant to the tenant’s alleged habitability issues in her apartment before the landlord served an eviction for non-payment of rent. The tenant did not provide an actual notice of the habitability issues to the landlord. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-135, Categories: Civil Rights, Landlord Tenant
Per curiam, the Vermont Supreme Court finds the Board of Liquor and Lottery properly imposed a fine against the licensee for violation of overserving alcohol to a customer. The licensee argues that there was an insufficient time between the investigator’s arrival and the encounter with the patron. The licensee failed to promptly notice and stop serving the very intoxicated customer. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-159, Categories: Evidence, Licensing
Per curiam, the Vermont Supreme Court finds the lower court properly granted the mother’s application to change the minor child’s last name to a hyphenated name with both parents’ surnames. The decision to grant the name change, was properly exercised during the divorce pleading and does not have to be in the minor’s best interest. The court also, properly set the parent-child contact schedule for the consistency and best interest of the child. The father fails to prove that he properly preserved an argument that the parties’ abandoned any terms of the post-nuptial agreement. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-115, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly denied a inmate’s motion to dismiss for failure to state a claim in his furlough release. The findings were based on the undisputed violation of a condition of the furlough status and the inmate was given an opportunity to amend the complaint.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-114, Categories: Civil Rights
Per curiam, the Vermont Supreme Court finds a lower court properly terminated the father’s parental rights to his child. The best-interest factors supported termination, and the father did not take the steps necessary to keep the child safe and to regain custody. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-190, Categories: Family Law, Guardianship
Per curiam, the Vermont Supreme Court finds the chief superior judge properly denied the father’s motion to disqualify the trial judge for being biased. The father failed to show a claim of judicial disqualification of the presiding judge. The father also argued that the judge discussed possible sanctions but, the mother has not sought such sanctions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-131, Categories: Family Law, Judiciary, Sanctions
J. Cohen finds the trial court properly denied an inmate’s motion for sentence reconsideration for abuse of discretion after he was charged with aggravated domestic assault and the court imposed a sentence of nine-to-12 years of imprisonment. The inmate argues his pretrial detention was ignored during the Covid-19 pandemic and other mitigating factors were considered on his prior uncharged violent conduct. The court found the found that the aggravating factors outweighed those presented by inmate. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: November 9, 2023, Case #: 22-AP-260, Categories: Sentencing, Assault, Domestic Violence
J. Reiber finds the trial court properly denied an inmate’s request to modification of release condition requiring him to a court-approved adult for supervision. He was arrested and charged with aggravated domestic assault; at the time he was on parole for a previous offense. The court considered the alternative plan offered by inmate for a GPS device, finding that it offered less protection to the public and that he could be a flight risk. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: November 3, 2023, Case #: 23-AP-340, Categories: Parole, Sentencing, Domestic Violence
J. Reiber finds the Public Utility Commission, on the second remand, properly denied a company’s request to build a solar facility on a hillside. The commission conducted an analysis if the project would be sufficient to mitigate the impact of the societal benefits and it was supported by the record consistent with the statue. The company claimed a challenge of the constitutionality of the statue, but as already explained the commission lacked jurisdiction to adjudicate the challenge. “Accordingly, petitioner’s constitutional challenges would fail even if they had been properly preserved for our review.” Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: October 27, 2023, Case #: 22-AP-286, Categories: Constitution, Energy, Jurisdiction
Per curiam, the Vermont Supreme Court finds that the lower court properly alleged defendant guardian was performing unauthorized practice of law by filing legal documents for this pro se appeal for his father. The defendant guardian cannot represent his father in pro se proceedings, so the appeal is stayed for 60 days for counsel to be obtained.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 23, 2023, Case #: 23-AP-309, Categories: Family Law, Wills / Probate
Per curiam, the Vermont Supreme Court finds the family court properly denied the husband’s motion for reconsideration of a previous order in this parental rights and responsibilities case. The court lacks jurisdiction to review the entry of order entered on that date because the father did not timely file the appeal. “The timely filing of a notice of appeal is a jurisdictional requirement,” and “we require strict adherence to deadlines for filing notices of appeal.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 16, 2023, Case #: 22-AP-331, Categories: Family Law, Jurisdiction
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a father’s parental rights to his daughter. The evidence supports a finding that the father’s stagnation was due to his choices within his control. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-176, Categories: Family Law