Supreme Court of Vermont

Stowe Aviation, LLC v. Agency of Commerce & Community Development

February 23, 2024312 A.3d 1017

Summary

The Vermont Supreme Court reversed the trial court’s denial of the plaintiffs’ Rule 59(e) motion, holding that the court abused its discretion and that Rule 59(e) may be used to cure pleading deficiencies after a dismissal with prejudice when manifest injustice would result. The case was remanded for the lower court to apply the proper standard and consider the plaintiffs’ second amended complaint.