Kevin and Andrew Jordan v. State of Vermont, Agency of Transportation

Summary

The Court held that the Jordans did not forfeit judicial review merely by failing to attend the administrative hearing because they timely invoked administrative review and the agency issued a final decision addressing the assessment on its merits. The Court therefore reversed the dismissal and remanded for a de novo superior-court hearing on the fuel-tax assessment. Morse, J., dissenting, would have held that the Jordans failed to exhaust their remedies by abandoning the administrative hearing.