ROBINSON , J. 1. This case raises the issue of whether Act 250 requires consideration of alternative siting in every case in which a party objects to a proposed land-use project on aesthetic grounds, pursuant to 10 V.S.A. 6086(a)(8), without regard to the presence of competent evidence supporting alternative siting as a reasonable mitigating measure. Appellant Karen Bouffard (neighbor), a neighboring resident, challenges the Superior Court, Environmental Division's grant of an Act 250...
SKOGLUND , J. 1. Plaintiffs Paul Choiniere and P & D Consulting, Inc. sued defendants, attorney Anthony Marshall and his law firm, Harris Beach, PLLC, alleging that they made negligent and intentional misrepresentations while representing a client in a matter involving commercial loan guaranties. Choiniere alleges that he relied upon the misrepresentations when deciding not to call a $1 million loan that he made in September 2003, and P & D Consulting alleges that it relied upon the...
SKOGLUND , J. 1. This case involves a disputed permit for a wastewater system and potable water supply granted to applicants David and Martha Musto for a home on Lake Bomoseen. Next-door neighbor Carolyn Hignite appeals the environmental court's decision to deny her request to revoke the permit issued to applicants in 2009, and to dismiss her direct appeal of the permit. Applicants cross-appeal from the environmental court's holding that neighbor had standing to appeal in either instance....
SKOGLUND , J. 1. Thirteen Town of Williston residents appeal from the Superior Court, Environmental Division's grant of a discretionary permit to All Metals Recycling, Inc., to establish an outdoor storage area and install a scale and scale house. The discretionary permit allows applicant to continue operating a previously unpermitted scrap-metals recycling business in Williston. The permit proposes no physical changes to any buildings on the premises, as applicant has already...
CRAWFORD , J. 1. Plaintiffs Sylvia and Stanley Stroup appeal from an order of the superior court, civil division, denying their motion for default judgment against trustee Brattleboro Savings and Loan Association (BSL). We affirm. 2. In 2007, plaintiffs sued defendants Peter Doran and Peter Doran Landscape Design, LLC for breach of contract, fraud, and consumer fraud after defendants failed to perform landscaping for plaintiffs. Plaintiffs obtained a judgment against defendants in...
REIBER , C.J. 1. In this insurance coverage dispute, we revisit an issue that we first confronted in 2003. In Colwell v. Allstate Insurance Co., we recognized an anomaly in our then-existing uninsured/underinsured motorist (UM/UIM) law for accidents involving multiple victims. 2003 VT 5, 175 Vt. 61, 819 A.2d 727 . Because the law at that time required a strict "limits to limits" comparison, a party could be denied the benefits of a UIM policy that he purchased even though he did not...
SKOGLUND , J. 1. Airport neighbor, George Maille, appeals the Superior Court, Environmental Division's grant of summary judgment in favor of appellees City of Burlington and City of South Burlington. The court upheld the South Burlington Zoning Administrative Officer's issuance of fifty-four zoning permits to the City of Burlington and Burlington International Airport (BTV) (together, applicants) 1 and concluded that applicants were not required to submit a site plan for zoning board...
DOOLEY, J. 1. Vermont State Employees' Association (VSEA) appeals a decision of the Vermont Labor Relations Board, which found that the State of Vermont was not required to give certain compensation to state employees in the weeks and months following Tropical Storm Irene. VSEA contends that the Board erred in interpreting certain terms of the emergency closing provision of the collective bargaining agreements between the State and VSEA. We affirm. 2. On Sunday, August 28, 2011, Tropical...
SKOGLUND, J. 1. Petitioner appeals from the trial court's order granting summary judgment to the State on his petition for post-conviction relief (PCR). He argues that the court applied improper legal standards in reaching its decision on his ineffective-assistance-of-counsel claim. We affirm. 2. Petitioner was originally charged with aggravated sexual assault for allegedly penetrating his eight-year-old step-granddaughter with his finger. Petitioner entered into a plea agreement and pled...
DOOLEY, J. 1. Plaintiff appeals two superior court decisions in this personal-injury negligence action: (1) an order dismissing all claims against defendant Robert Merrill, Sr., in his individual capacity, on summary judgment, and (2) an order granting partial judgment as a matter of law during trial, concluding that any liability of defendant Springfield Lodge No. 679, Loyal Order of Moose, Inc., could not be predicated on the action or inaction of Mr. Merrill, Sr., its governor. We affirm...
CRAWFORD, J. 1. Plaintiff appeals the trial court's grant of judgment as a matter of law to defendants following a three-day jury trial in this negligence case. Plaintiff claims that the trial court erred in (1) excluding the testimony of plaintiff's expert witness on causation, (2) granting defendants' motion for judgment as a matter of law, (3) excluding an eyewitness's statements to police, (4) denying plaintiff's motion for a new trial, (5) awarding all deposition costs to defendants,...
REIBER, C.J. 1. This is a dispute over title to an old railroad bed adjacent to defendants' property that plaintiff purchased with the goal of creating a public recreational trail. Defendants challenge the trial court's determination that plaintiff acquired a valid fee simple interest in the property, asserting that title either reverted to them when the railroad abandoned the line or vested in them through adverse possession. We affirm. 2. The background to this dispute may be succinctly...
BURGESS, J. 1. Plaintiff Sandra J. Murphy appeals from a superior court decision that vacated a jury verdict in her favor and entered judgment as a matter of law for defendant Sentry Insurance. Plaintiff contends that there was sufficient evidence to establish Sentry's liability for her husband's workplace death under the Restatement (Second) of Torts 324A based on a negligent inspection theory. Plaintiff also argues that the court erred in awarding costs to Sentry. We affirm. 2....
DOOLEY, J. 1. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In In re Woodstock Community Trust & Housing Vermont PRD, 2012 VT 87, 192 Vt. 474, 60 A.3d 686 , we affirmed the permits for the project granted by the town development review board and the district environmental commission and affirmed by the Environmental Division of the superior court. This appeal, brought by the owners...
REIBER, C.J. 1. Plaintiff Robert Foti sold most of his fuels business to defendant James Kurrle and agreed to sell gasoline to defendant through his retained wholesale distributorship. When their business relationship soured after several years, plaintiff sued defendant for one month's nonpayment of gasoline and other claims. Defendant counterclaimed for breach of contract, breach of the covenant of good faith and fair dealing, and violation of the Vermont Consumer Fraud Act (CFA), all...
DOOLEY, J. 1. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.'s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR's form purchase and sale agreement, which was used in her real estate purchase — to which VAR was not a party — violates the Vermont Consumer Fraud Act (CFA) in that two...
