Supreme Court of Vermont, 1991

The Court held that the Administrative Procedure Act’s remand provision does not apply to appeals from municipal planning decisions through the statutory cross-reference in 24 V.S.A. § 4471.

The Court held that the denial of qualified immunity was immediately appealable under the collateral-order exception because immunity protects officials from suit, not merely liability.

The court affirmed the McAllisters’ liability for fraudulent misrepresentation, fraudulent nondisclosure, and negligent misrepresentation because the evidence supported the jury’s findings and the asserted instructional and verdict-form errors were either waived or nonprejudicial.