SKOGLUND, J. 1. The case before us involves a contract dispute between the State of Vermont and Corizon Health, Inc., formerly known as Prison Health Services, Inc. (PHS). The State appeals a declaratory judgment ruling that PHS is not contractually obligated to defend the State and its employees against certain claims brought by the estate of decedent, who died while in the custody of the Department of Corrections. We reverse, and conclude that PHS has a duty to defend. 2. In January...
BURGESS, J. 1. Plaintiffs appeal from a judgment based on a jury verdict finding that the testator Phyllis Agan possessed the capacity and free will to execute a trust, leaving sizable bequests to defendants, various nonprofit organizations in the Town of Ludlow, Vermont. Defendants cross-appeal, claiming that the trial court erred in denying their requests for attorney's fees and prejudgment interest. We affirm. 2. The background to this dispute may be summarized as follows. Additional...
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@state.vt.us 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 a proposed housing development in West Woodstock,...
DOOLEY, J. 1. Applicant Charles Ferrera and property owners Ronald and Susan Fenn (hereafter "applicants") appeal from a decision of the Superior Court, Environmental Division affirming the Town of Middlebury's denial of their application to operate a gravel pit. Applicants contend: (1) several key findings and conclusions were unsupported by the evidence; and (2) provisions of the Town's zoning regulations are unconstitutionally vague. We affirm. 2. We first summarize the salient facts...
BURGESS, J. 1. The City of Rutland appeals from the trial court's order, on remand, directing it to disclose certain records under the Vermont Public Records Act (PRA), 1 V.S.A. 315-320. The records concern several Rutland Police Department (RPD) employees who were investigated and disciplined for viewing and sending pornography on work computers while on duty. The City argues that the trial court erred in evaluating the privacy interests at stake and concluding that the "personal records"...
ROBINSON, J. 1. Petitioners appeal from the trial court's 2012 order upholding the Town of Underhill's decision to reclassify a segment of Town Highway 26 (TH 26) from a Class 3 and Class 4 highway to a legal trail. Petitioners argue that: the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. 740-743 rather than reviewing the reclassification decision on the record pursuant to Vermont Rule of Civil Procedure 75;...
DOOLEY, J. 1. Appellant Green Mountain Future (GMF) appeals the summary judgment decision of the trial court finding that it is a political action committee (PAC) and violated a number of provisions of the Vermont campaign finance laws. GMF maintains that the trial court erred in not applying a narrowing construction created by the U.S. Supreme Court in the 1976 case of Buckley v. Valeo, 424 U.S. 1 , 96 S.Ct. 612, 46 L.Ed.2d 659 (1976), to the definition of a PAC under Vermont campaign...
REIBER, C.J. 1. These cases raise the question of how nonrental residential properties subject to housing-subsidy covenants should be valued for property-tax purposes. Taxpayers in both cases contend that the governing statute mandates an automatic reduction in valuation for properties subject to these covenants or, what is effectively equivalent, a mandatory tax exemption on a portion of the property's value. The towns in which these properties are located contend instead that the statute,...
PER CURIAM. 1. Upon consideration of defendant's motion for reargument, an amicus curiae memorandum of law in support of that motion filed by the Attorney General's Office, and plaintiff's memorandum of law in opposition to the motion, we grant the motion for reargument, withdraw our opinion of March 15, 2013, and replace it with the instant opinion dismissing this appeal as untimely filed. 2. The facts surrounding the timeliness issue are undisputed. On September 23, 2011, the jury...
DOOLEY, J. 1. The State of Vermont appeals the suppression of evidence obtained in the stop of defendant Marek Tuma's vehicle that led to his arrest and charge of driving under the influence (DUI), arguing that the fact that one side of defendant's front license plate was one to two inches below the other gave rise to reasonable suspicion that he was committing a traffic violation. We affirm. 2. The facts leading to the stop of defendant's vehicle are not in dispute. On November 13, 2011,...
ROBINSON, J. 1. Landowner Marc Wood appeals the most recent decision of the Superior Court, Environmental Division in this more than decade-long dispute between the Town of Hartford and landowner concerning, primarily, his construction of a large concrete-slab retaining wall along his and his wife's property. We affirm. I. 2. In order to put the issues presented in this appeal in context, we consider the lengthy history of this dispute. As the environmental court explained in its March...
ROBINSON, J. 1. This case involves a jury award of emotional distress and economic damages in a legal malpractice action. Defendant challenges the damages award on the grounds that emotional distress damages are not available in a legal malpractice case and that the award of economic damages equal to the amount plaintiff paid to settle the underlying case was improper because plaintiff failed to establish that the underlying settlement was reasonable. We reverse as to the award of emotional...
REIBER, C.J. 1. This appeal concerns whether the Vermont Public Service Board has jurisdiction to regulate interconnected Voice over Internet Protocol (VoIP) services provided in Vermont. The Board concluded that fixed VoIP is a "telecommunications service" under Vermont law and Vermont regulation of VoIP is not preempted by federal law because intrastate calls can be separately identified. The Board deferred consideration of what type of regulation to impose to a separate phase of the...
SKOGLUND, J. 1. In this medical malpractice action, plaintiff appeals the court's entry of judgment in defendants' favor following the court's discovery sanction, which precluded plaintiff from offering expert testimony or evidence regarding defendants' negligence due to plaintiff's repeated failure to adequately reply to interrogatories. On appeal, plaintiff argues that the discovery response was sufficient and the court abused its discretion in concluding that more detailed factual...
ROBINSON, J. 1. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child's parents. We conclude that Vermont's parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or against a different putative parent unless constitutional considerations require the court to entertain the second...
BURGESS, J. 1. Plaintiff David Farrell, Trustee of the David Farrell Trust, appeals the Chittenden Civil Division's grant of summary judgment for defendants Vermont Electric Power Company and Vermont Transco (together, VELCO), the holders of an easement for the construction and operation of electrical transmission lines on plaintiff's property. Plaintiff claims that VELCO's easement is limited to the installation and operation of transmission lines necessary for the so-called Queen City Tap...
