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  • Commentaries
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Vermont Case Commentaries

Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Date: May 17, 2025
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals Introduction In In re Guillemette ZA Determination Appeal (2025 VT 25), Anne and Mark Guillemette (landowners)...
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Date: May 17, 2025
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities Introduction In Sean Gordon v. Katy Fogell, 2025 VT...
Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Date: May 10, 2025
Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt Introduction This commentary examines the Vermont Supreme Court’s decision in Aerie Point...
Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Date: May 10, 2025
Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel Introduction In Adriana Cunha-Salomon et al. v. Williamson Group, LLC d/b/a Williamson Group Sotheby’s...
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml

Date: May 10, 2025
Mandamus Under Rule 75 and Single‐Credit Rule for Consecutive Sentences: Burke v. Deml Introduction The Vermont Supreme Court’s decision in James Burke v. Nicholas Deml et al. (No. 24-AP-369, May 9,...
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law

Date: May 10, 2025
Equitable Offsetting of Spousal Maintenance with Property Awards in Vermont Divorce Law Introduction This commentary examines the Vermont Supreme Court’s decision in Christian Borgesen v. Debra...
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson

Date: May 10, 2025
Single-Application Continuity and Propane Tank Removal Standards under CF 111: Bourne’s Inc. v. Lemelson Introduction In Bourne’s Inc. d/b/a v. Emmanuel Lemelson, the Vermont Supreme Court (May 9,...
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr.

Date: May 10, 2025
Discretion in Sentencing and PSI Requirements: State v. Danny Main, Jr. Introduction In State v. Danny Main, Jr., 2025 VT 24‐AP‐146, the Vermont Supreme Court considered two primary issues on appeal...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Date: May 3, 2025
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Date: May 3, 2025
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc. Introduction In In Re Dousevicz, Inc. CU & Site Plan Approval (2025 VT 22), the Vermont...
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Date: May 3, 2025
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty Introduction In State v. Stacey Lynn Vaillancourt, 2025 VT 20, the Vermont Supreme...
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions

Date: Apr 19, 2025
Ouster Doctrine Refined: Exclusion Requirement and Rental Value Evidence in Partition Actions Introduction In James Needham v. Roxanne O. Smith Trust, 2025 VT 18, the Vermont Supreme Court addressed...
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims

Date: Apr 19, 2025
Criminal Division Jurisdiction under 13 V.S.A. § 2658 for Vacating Convictions of Human Trafficking Victims Introduction State v. Jessica L. Morrill, 2025 VT 19, is a landmark decision by the Supreme...
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor

Date: Apr 12, 2025
Caldwell v. Champlain College: Reinforcing FEPA Burden-Shifting and Summary Judgment Rigor Introduction In Robert Caldwell v. Champlain College Incorporated, the Supreme Court of Vermont addressed...
Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Stagnation of Parental Progress as Ground for Termination of Parental Rights: In Re F.R. & A.R.

Date: Apr 5, 2025
Stagnation of Parental Progress as Ground for Termination of Parental Rights Introduction In Re F.R. & A.R., Juveniles (Vt. 2025) addresses the termination of parental rights of B.B. (father) and...
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont

Date: Apr 5, 2025
Enforceability of Prenuptial Agreements and the Standard for Unconscionability in Vermont Introduction The Supreme Court of Vermont decided in Danielle Lacroix v. Peter Rysz, 2025 VT 16, whether a...
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees

Date: Apr 5, 2025
Enforcement of Settlement Agreement Non-Interference Clauses: Circumstantial Evidence and Attorney’s Fees Introduction In Kevin Barrup v. Barrup Farms Inc., the Vermont Supreme Court addressed...
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors

Date: Apr 5, 2025
Limiting Collateral Attacks on Administrative Final Orders: Distinguishing Subject-Matter Jurisdiction from Jurisdictional Errors Introduction Commissioner of Labor, State of Vermont v. American...
Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements

Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements

Date: Apr 5, 2025
Enforceability of Unanimous Written Amendment Clauses in Stock Retirement Agreements Introduction This commentary examines the Vermont Supreme Court’s decision in Lynn Book, Administratrix of the...
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations

Date: Apr 5, 2025
Due Process in Sentencing: Notice and Opportunity to Rebut Uncharged Allegations Introduction The case of State of Vermont v. Richard Blackmer, Jr. (Vt. Apr. 4, 2025) arises from multiple fraud and...
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