SKOGLUND , J. 1. In this matter, the trial court entered summary judgment on behalf of appellee, Attorney Mark Furlan. Appellant, Stephan Palmer, Sr., appeals this order, arguing that the trial court erred when it determined that appellant's claim failed as a matter of law on causation grounds. We conclude that summary judgment was appropriate and affirm. 2. Appellant, while incarcerated, filed a petition for post-conviction relief (PCR). Attorney Furlan, an ad hoc public defender,...
SKOGLUND , J. 1. Husband, Mark Atherton, appeals the trial court's order denying his motion to modify spousal maintenance payments to wife, Holly Atherton, for failure to show a real, substantial, and unanticipated change in circumstances as required by 15 V.S.A. 758. We reverse. 2. Husband and wife married in 1986. They lived in Vermont for most of their married life, though prior to their separation, they briefly lived together in Florida. They separated and filed for divorce in...
This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. REIBER , Chief Justice . 1. Mother appeals pro se from the trial court's denial of...
REIBER , C.J. 1. Mother appeals pro se from the trial court's denial of her motion to modify parental rights and responsibilities for son L.C. Although the court found that mother had shown a real, substantial, and unanticipated change in circumstances, it concluded that transferring custody to mother at this juncture was not in L.C.'s best interests. Mother argues that the court's findings do not support its conclusion, particularly given its determination that father and stepmother are...
DOOLEY , J. 1. This interlocutory appeal presents the question of whether the Sixth Amendment right to assistance of counsel is violated when the plaintiff in a civil wrongful death action attaches funds the defendant intends to use for her legal defense to homicide charges stemming from the death at issue in the civil case. Defendant appeals a trial court decision permitting such an attachment. We affirm. 2. The relevant facts are as follows. Defendant is charged with aggravated...
ROBINSON , J. 1. Appellants Natural Resources Board and Two Rivers-Ottauquechee (TRO) Regional Commission appeal the Environmental Division's award of an Act 250 permit to applicant B & M Realty, LLC, to construct a large mixed-use business park near the Interstate 89 Exit 1 interchange in the Town of Hartford. The trial court concluded that the project satisfied Act 250, including the requirement that it conform with the 2007 TRO Regional Plan. The Natural Resources Board and the TRO...
DOOLEY , J. 1. Father appeals an order from the family division that awarded mother sole legal and physical parental rights and responsibilities but did not award father any parent-child contact at the time. The order contained a provision permitting father to file a motion for parent-child contact, even without any change in circumstances, within forty-five days after the pending criminal charges against him had been resolved. On appeal, father contends that: (1) the court effectively...
ROBINSON , J. 1. This appeal is from a decision of the Environmental Division of the superior court affirming several permits issued to appellee Costco Wholesale Corporation for the expansion of its existing retail store and the addition of an adjacent six-pump gasoline station in the Town of Colchester. Appellants R.L. Vallee, Inc. and Timberlake Associates LLP own retail gasoline-service facilities located near the planned development. Appellant Vallee contends the trial court...
SKOGLUND , J. 1. Defendant Shawn Kelley argues that this Court should vacate his domestic assault conviction because numerous reversible errors occurred during his jury trial. Specifically, he claims that the trial court improperly admitted two pieces of hearsay evidence, that the trial court incorrectly denied his motion for judgment of acquittal, and that the State made prejudicial remarks during its closing statement. We affirm. 2. The following facts are drawn from the testimony...
This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. DOOLEY , J. 1. This case arises out of the assault of Michael Kuligoski by a...
SKOGLUND , J. 1. The State appeals the dismissal of three counts of sexual exploitation of a minor, in violation of 13 V.S.A. 3258. The charges were filed against defendant, a high school employee, based on her having engaged in sexual acts with a student over the summer break between defendant's school contracts. The issue is whether the circumstances of this case support the charges. We conclude that they do not, and affirm. 2. In reviewing the grant of a motion to dismiss, "we...
ROBINSON , J. 1. This case requires us to apply Act 250 Rule 34(E), which establishes a framework for determining whether a party may seek to amend an Act 250 permit. Neighbor Alison Lockwood appeals from the Environmental Division's award of summary judgment to the City of Burlington. The Environmental Division ruled that the City is entitled to seek an amendment to its Act 250 permit covering the Waterfront Park located on the shores of Lake Champlain. We affirm. 2. The material...
SKOGLUND , J. 1. Defendant Albert Bingham appeals pro se from the trial court's declaratory judgment order. We affirm. * 2. Plaintiff owns and operates a senior living community in Middlebury, Vermont, doing business as "The Lodge at Otter Creek." In July 2013, Bingham registered the name "The Lodge at Otter Creek" under his own name with the Vermont Secretary of State's Office after plaintiff lapsed in its re-registration of the name. In December 2013, plaintiff filed a complaint...
REIBER , C.J. 1. Plaintiff-taxpayers Fred Osier and Eugene H. Shaver sued defendants to recover and restore to the City of Burlington's general fund $16.9 million in cost overruns incurred by the City in connection with the operation of Burlington Telecom (BT). BT is a City-owned enterprise that provides an optical fiber-to-the-home network to Burlington residents and businesses. The trial court granted judgment to defendants City of Burlington and the City's former Chief Administrative...
SKOGLUND , J. 1. In this combined appeal, applicants — Allan Brisson, Michael Brisson, and Brisson Stone, LLC — claim that their application for a commercial gravel extraction permit is allowed under the Town of Monkton's zoning regulations and that their application should have been deemed approved under 24 V.S.A. 4464(b)(1). We affirm the Environmental Division's denial of the application on the merits and hold that, even if the application was deemed approved, the deemed approval...
EATON , J. 1. The Town of Underhill (Town) appeals from a trial court order affirming a decision of the County Road Commissioners requiring the Town to maintain a segment of Town Highway 26 (TH 26), a Class 4 highway. 1 The Town contends that the trial court misconstrued and incorrectly applied the statutory provisions for the maintenance of Class 4 roads and erroneously established its own maintenance standard. We agree with the Town and reverse. 2. TH 26 has existed, in some...
REIBER , C.J. 1. Mother appeals pro se from the trial court's order on parents' cross-motions concerning their minor son. Father moved to terminate efforts to reestablish parent-child contact with mother, and mother moved to modify parental rights and responsibilities. The court denied mother's motion to modify, and it did not allow mother any rights of parent-child contact until August 2016, unless the child's trauma therapist recommended contact earlier. Mother argues that the court'...
ROBINSON , J. 1. This case calls upon us to apply a "pollution exclusion" in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont Mutual Insurance Company (Vermont Mutual) argues that the pollution exclusion in the policy bars the Whitneys' claim. The Rutland...
REIBER , C.J. 1. This case presents the question of whether Mount Mansfield Company, Inc. (MMC) had unitary operations with AIG Insurance Management Services, Inc. (AIG) such that AIG was required to include MMC as part of the AIG unitary group on its Vermont corporate income tax return. It also raises the question of whether, and under what circumstances, an amended tax return restarts the statute of limitations period for collecting a deficiency. The trial court reversed the decision...
DOOLEY , J. 1. Defendants-counterclaimants Jeanmarie Leonard and Carol Sayour appeal from the superior court's grant of summary judgment on their counterclaims in favor of plaintiff Jennifer Weinstein and third-party defendants, Lloyd Weinstein, plaintiff's husband, and his law firm, The Weinstein Group, P.C. Defendants claim on appeal that there are disputed material facts to justify a jury trial on their counterclaims of breach of contract, tortious invasion of privacy, and abuse of...
