Justia Government & Administrative Law Opinion SummariesArticles Posted in Vermont Supreme Court
Worrall v. Department of Labor (Snowfire Ltd., Employer)
Claimant Joseph Worrall challenged an Employment Security Board decision finding him ineligible for unemployment compensation and liable to the Vermont Department of Labor for an overpayment. In November 2020, a claims adjudicator found that claimant was disqualified from receiving benefits as of the week ending May 2, 2020, because he left his employment voluntarily without good cause attributable to his employer. The claims adjudicator determined that claimant was obligated to repay $15,028 in overpaid benefits. Claimant argues on appeal that the Board erred in finding him disqualified for benefits. According to claimant, the Board accepted that he undertook efforts to relocate out of state before receiving a return-to-work notice. Based on this premise, claimant asserts that he was “unavailable for work” at the time his employer offered him the opportunity to return and that he was therefore entitled to benefits. Finding no error in the Board's decision, the Vermont Supreme Court affirmed. View "Worrall v. Department of Labor (Snowfire Ltd., Employer)" on Justia Law
In re Katzenbach A250 Permit #7R1374-1
Applicants Christian and Clark Katzenbach appealed the Environmental Division’s decision granting but imposing certain conditions on an Act 250 permit for operating their sand- and gravel-extraction project. Applicants challenged the court’s findings and conclusions under Criterion 5 and Criterion 8 of Act 250. The Vermont Supreme Court found no clear error in the trial court's findings under both criteria, but concluded one condition imposed under Criterion 5 was unreasonable in light of the trial court’s findings. The Supreme Court therefore struck that one Criterion 5 condition and affirmed in all other respects. View "In re Katzenbach A250 Permit #7R1374-1" on Justia Law
In re Benoit Conversion Application
The Benoits sought to set aside a 2008 judgment under Vermont Rule of Civil Procedure 60(b)(5). The Benoits owned real property in the City of St. Albans, Vermont, which they purchased from the Hayfords in 2003. The property had a main building with multiple rental units and a separate building in the rear of the property. In 1987, the Hayfords converted the rear building to an additional residential unit without first obtaining a zoning permit or site-plan approval, as required by the applicable zoning regulations. The City adopted new zoning regulations in 1998, which made the property more nonconforming in several respects. Both the denial of the certificate of occupancy and a subsequent denial of the Hayfords’ request for variances were not appealed and became final. In 2001, the zoning administrator issued a notice of violation (NOV), alleging that only four of the six residential units on the property had been approved. The Hayfords appealed to the Development Review Board and again applied for variances. The Board upheld the NOV and denied the variance requests based on the unappealed 1998 decision. The Hayfords then appealed to the environmental court, which in 2003 decision, the court upheld the variance denial and upheld the NOV with respect to the sixth residential unit in the rear building. The Hayfords, and later the Benoits, nonetheless “continued to rent out the sixth residence in the rear building despite the notice of violation.” In 2004, the City brought an enforcement action against the Benoits and the Hayfords. The Benoits and Hayfords argued that the actions were barred by the fifteen-year statute of limitations in 24 V.S.A. § 4454(a). The environmental court concluded that “although the Hayfords’ failure to obtain a permit and site-plan approval in 1987 occurred more than fifteen years before the instant enforcement action, a new and independent violation occurred in 1998 when the City adopted its new zoning regulations.” It ordered the Hayfords and the Benoits to stop using the rear building as a residential unit and imposed fines. Appealing the 2004 judgment, an order was issued in 2008, leading to the underlying issue on appeal here: the Benoits contended that decision was effectively overruled by a later case involving different parties. The Environmental Division denied their request and the Vermont Supreme Court affirmed its decision. View "In re Benoit Conversion Application" on Justia Law
In re Burns 12 Weston Street NOV
Neighbors appealed an Environmental Division order vacating a municipal notice of violation (NOV) alleging owners were using a two-unit building as an unpermitted duplex. The Environmental Division concluded that a 2006 amendment to the City of Burlington’s zoning ordinance did not automatically reclassify the status or use of the building from a duplex to a single-family home with an accessory dwelling. It also held that a 2014 interior reconfiguration by owners did not change the property’s use, and the zoning statute of limitations, 24 V.S.A. § 4454(a), barred the City’s enforcement action in any case. Finding no reversible error in this judgement, the Vermont Supreme Court affirmed. View "In re Burns 12 Weston Street NOV" on Justia Law
de Macedo Soares v. Barnet Fire District #2 et al.
Plaintiff Theodore de Macedo Soares challenged the process by which defendant, the Prudential Committee for Barnet Fire District No. 2, obtained approval for a municipal bond. The trial court denied plaintiff’s request to invalidate the bond vote, finding that although the Prudential Committee violated the Open Meeting Law during the process, the defect was the result of oversight, inadvertence, and mistake, and it was cured by the Committee’s validation resolution. The court denied plaintiff’s remaining requests for relief as well. Plaintiff argued on appeal to the Vermont Supreme Court that the trial court erred in: (1) concluding that the Open Meeting Law violations could be cured under 24 V.S.A. § 1757 or 17 V.S.A. § 2662; (2) failing to address his request for a new trial; (3) denying his attorney-fee request; and (4) dismissing his claim regarding curb-stop fees. The Supreme Court found no reversible error and affirmed the trial court’s judgment in favor of the Committee. The Supreme Court remanded the case back to the trial court to enter final judgment in favor of defendant Vermont Municipal Bond Bank too. View "de Macedo Soares v. Barnet Fire District #2 et al." on Justia Law
Daiello v. Town of Vernon, et al.
Defendants Brenda and Dale Merritt (neighbors) challenged a superior court’s decision granting summary judgment to plaintiff Steven Daiello (landowner) and defendant Town of Vernon in a dispute over a road in Vernon, Vermont. They argued the court erred by concluding: (1) that Stebbins Road was properly established as a public road; and (2) that landowner had a common-law right of access to his property over Stebbins Road that prevented him from proving that the Town interfered with his right to access his property. Finding no reversible error, the Vermont Supreme Court affirmed. View "Daiello v. Town of Vernon, et al." on Justia Law
In re Appeal of M.V.
Petitioner M.V. appealed a Human Services Board order granting summary judgment to the Department for Children and Families (DCF) regarding DCF’s decision to substantiate him for child abuse. Petitioner argued the same underlying facts to which he admitted when he pleaded guilty to criminal charges of child-pornography possession could not substantiate a report of child abuse. He contended the Board applied the wrong legal standard because it did not require DCF to prove the existence of identifiable child victims or to establish a relationship between himself and each child. Finding no reversible error, the Vermont Supreme Court affirmed the grant of summary judgment. View "In re Appeal of M.V." on Justia Law
Posted in: Government & Administrative Law, Vermont Supreme Court
Hoffer v. OneCare Accountable Care Organization, LLC, d/b/a OneCare Vermont
In February 2021, the Vermont State Auditor of Accounts, Douglas Hoffer, filed a complaint alleging that defendant OneCare Accountable Care Organization, LLC, had breached various provisions in its contract with the Department for Vermont Health Access (DVHA) by denying the Auditor’s requests for OneCare’s employee payroll and benefits records for fiscal years (FY) 2019 and 2020. The civil division granted OneCare’s motion to dismiss, concluding that the Auditor lacked contractual or statutory authority to demand the records, and the Auditor appealed. After review, the Vermont Supreme Court found no reversible error and affirmed. View "Hoffer v. OneCare Accountable Care Organization, LLC, d/b/a OneCare Vermont" on Justia Law
Boyd, et al. v. Vermont
In October 2017, plaintiffs Sadie Boyd (a student at Twin Valley Middle High School in Whitingham, Vermont) Madeleine Klein (a resident and property owner in Whitingham), and the Town of Whitingham filed a complaint for declaratory and injunctive relief against defendant State of Vermont, arguing that the education funding and property taxation system set forth in 16 V.S.A. ch. 133 and 32 V.S.A. ch. 135 violated the Education Clause, the Proportional Contribution Clause, and the Common Benefits Clause of the Vermont Constitution. They claimed that the system was unconstitutional because it deprived plaintiff Boyd of an equal educational opportunity, required plaintiff Klein to contribute disproportionately to education funding, and compelled the Town to collect an unconstitutional tax. The civil division granted the State’s motion for summary judgment, concluding that plaintiffs failed to demonstrate the alleged inequities were caused by the statutes in question or that the education property taxation system lacked a rational basis. Finding no reversible error, the Vermont Supreme Court affirmed. View "Boyd, et al. v. Vermont" on Justia Law
Missisquoi Assoc. Hydro c/o Enel Green Power v. Town of Sheldon
The Town of Sheldon appealed a hearing officer’s valuation of the subject property, a hydroelectric generating facility, as of April 1, 2019. It challenged the hearing officer’s application of the Income Approach to determine the property’s fair market value and his rejection of the Town’s Direct Sale Comparison approach. The Town essentially argued that the hearing officer’s findings were insufficient to support his conclusions. Finding no reversible error, the Vermont Supreme Court affirmed the valuation. View "Missisquoi Assoc. Hydro c/o Enel Green Power v. Town of Sheldon" on Justia Law