The Court affirmed summary judgment for the Town, holding that the zoning administrator acted on the permit application within the statutory period by timely determining that the pond’s location violated the setback rules, so no permit issued by operation of law.
Supreme Court of Vermont, 2008
Published opinions from 2008. The case name opens the case page.
2008 opinions
The Court held that the amended complaint gave adequate notice of a federal due-process claim under 42 U.S.C. § 1983 against the named officials in their individual capacities, so dismissal of that part of the claim was error.
VermontKerri L. Colby v. Umbrella, Inc., Jennifer (Townsend) Grant, Michelle Fay, and State of Vermont, Agency of Human…
April 25, 2008184 Vt. 1
The court reversed the denial of leave to amend and the dismissal of the related claims, holding that the proposed complaint adequately pleaded a § 1983 claim against Keiser and a FEPA claim against the State under Vermont’s notice-pleading standard.
VermontWilliam Bischoff, David Bischoff and Peter Bischoff v. Donald L. Bletz, Sr., Bruce Van Guilder and Rodney White
February 8, 2008183 Vt. 235
The court held that plaintiffs lacked standing to challenge a deeded right of first refusal held by a stranger to their contracts with the property owners, depriving the trial court of subject-matter jurisdiction to declare that right extinguished.