The Court affirmed summary judgment for IBM, concluding that the plaintiff had not shown IBM owed a duty to control Lamphere because IBM had taken no affirmative action to control him and had not taken charge of him.
Supreme Court of Vermont, 1989
Published opinions from 1989. The case name opens the case page.
1989 opinions
The Court held that the unappealed 1984 conditional-use approval was a final zoning decision that could not be collaterally attacked after the applicable thirty-day appeal period, even if the approval was allegedly ultra vires.
The Court held that Vermont’s statutory right to a de novo superior-court trial on appeal from a zoning board decision does not violate separation of powers when the board acted in a quasi-judicial capacity.