SKOGLUND, J. 1. This appeal stems from a written agreement between the City of Rutland and the Vermont Swim Association (VSA) granting VSA the right to host its annual swim meet at a facility in a city park. VSA appeals the trial court's award of attorney's fees to the City. Because the plain language of the parties' contract does not require VSA to pay attorney's fees incurred by the City in pursuing either indemnity from VSA or other third-party actions, we reverse and remand. 2. VSA is...
JOHNSON, J. 1. This is an appeal from an Environmental Court decision granting site plan, conditional use, subdivision, and Act 250 permits for the development of a large retail Wal-Mart store in the Town of St. Albans. Appellants are comprised of a number of interested individuals and groups opposed to the project. They contend the trial court erred in: (1) approving site plan and conditional use permits despite the alleged conflict of interest of several members of the Town's development...
SKOGLUND, J. 1. This case stems from a dispute over the 1973 William C. Alden Trust (the Trust) benefitting grantor's second wife Nancy Alden, his two children by Nancy, and his three children from his first marriage. Todd Alden and Julia Alden Dee, two of grantor's children by his first marriage, allege that Nancy, in her capacity as trustee, acted fraudulently and in violation of her fiduciary duties in her administration of the Trust and invaded trust principal through self-dealing,...
BURGESS, J. 1. Shenandoah, LLC, David Shlansky, Ting Chang, and other entities and individuals appeal from the Environmental Court's summary judgment decision upholding an Act 250 jurisdictional opinion. They challenge the court's attribution of certain development and subdivision activities to Shlansky and Chang. Appellants also argue that "person-based jurisdiction" under Act 250 violates the Vermont Constitution. Appellants failed to preserve their constitutional argument, and we do not...
BURGESS, J. 1. A group of neighbors in the Town of Dorset appeal from a Superior Court, Environmental Division (Environmental Court) decision granting Bradford Tyler's application for a zoning permit for the construction of a self-storage facility in the Dorset Village Commercial District. Appellants contend that the court erred in determining the rental storage units to be an authorized land use within the applicable Dorset zoning district. We reverse. 2. Applicant Tyler owns and resides...
DOOLEY, J. 1. This case concerns the use of a hilltop cemetery on a farm in Hartland, Vermont. The petitioner, J. Michel Guite, now owns the farm property. He claims that the cemetery plot is owned by heirs of the Aldrich family, who settled the property as a farm in approximately 1775 and remained there until selling the farm in 1853. Respondent's family purchased the farm property in 1950 and owned it until 1983. Prior to selling the property, respondent, Jerome King, buried the cremated...
BURGESS, J. 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley's deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued the deed; (2) erroneously refused to allow additional discovery relating to certain contested...
JOHNSON, J. 1. This action stems from a written agreement between the City of Rutland and Vermont Swim Association (VSA) granting use of a City facility to VSA for its annual swim meet. A child attending the swim meet was injured when she fell from a piece of playground equipment in the park where the swim meet was held. The child's parents, plaintiffs, filed a complaint against the City, which then filed a third-party complaint against VSA asserting a claim for indemnity pursuant to the...
SKOGLUND, J. 1. Homeowners filed a declaratory judgment action to establish defendant title insurance company's obligations to defend or indemnify them regarding an encroachment of their septic system onto neighboring property. They appeal the trial court's conclusion that the terms of their title insurance contract did not require title insurer to defend or indemnify homeowners to establish a right to maintain the system. The court found the circumstances were not within the covered title...
DOOLEY, J. 1. Clark W. Hinsdale, III, and Suzanne G. Hinsdale appeal from the trial court's summary judgment decision in favor of Lang McLaughry Spera Real Estate, LLC (Lang), in this contract dispute. The Hinsdales argue that they did not agree to pay Lang a commission on the sale of their berry farm business and business-related personal property items, in addition to a commission on the sale of their real property. They also assert that Lang violated the Vermont Real Estate Commission...
REIBER, C.J. 1. Plaintiff, David Coutu, is a helicopter pilot seeking to build a helipad on his property. After the town of Cavendish (Town) would neither grant him approval for the helipad nor send a letter to the Vermont Transportation Board (the Board) explaining that it had no zoning ordinance—and thus no authority upon which to base an approval or denial—plaintiff attempted to apply for a permit directly to the Board. He was denied consideration for lack of municipal approval and so...
JOHNSON, J. 1. Defendant was convicted of one count of sexual assault on a minor and one count of lewd or lascivious conduct with a child. He challenges his aggregate sentence of six to twenty-five years to serve on the grounds that: (1) it is grossly disproportionate to the crimes; and (2) the sentencing court improperly relied on conduct underlying a prior acquittal without providing notice and an opportunity to respond. We agree with the second claim, and therefore vacate the sentence...
