Justia Zoning, Planning & Land Use Opinion Summaries

Articles Posted in Vermont Supreme Court
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Plaintiff David Demarest filed suit against the Town of Underhill, seeking a declaration that he had a right of vehicle access over a Town trail, and appealing the Selectboard’s decision denying his request for highway access to a proposed new subdivision on his property. The superior court granted summary judgment in favor of the Town, concluding that plaintiff’s request for declaratory relief was barred by claim preclusion and that the Town acted within its discretion in denying the permit. On appeal, plaintiff argued the trial court erred in applying claim preclusion, and that the Town exceeded its authority under the statute in denying his request for access. Finding no reversible error, the Vermont Supreme Court affirmed judgment. View "Demarest v. Town of Underhill" on Justia Law

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Therese and Timothy Holmes appealed a Vermont Public Utility Commission (PUC) decision granting Acorn Energy Solar 2 a certificate of public good (CPG) to build and operate a solar net-metering system. The Holmeses argued the PUC erred in concluding that: (1) Acorn’s application was complete under the PUC Rules; (2) several proposed changes constituted minor amendments; (3) the project would be located on a preferred site; (4) the project would comply with setback requirements; and (5) the project would not have an undue adverse effect on aesthetics, orderly development, wetlands, air pollution, greenhouse gases, and traffic. Finding no reversible error, the Vermont Supreme Court affirmed the PUC's decision. View "In re Petition of Acorn Energy Solar 2, LLC (Therese & Timothy Holmes, Appellants)" on Justia Law

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Plaintiff R.L. Vallee, Inc. appealed the Environmental Division’s decision granting an Act 250 permit to the Vermont Agency of Transportation (VTrans) for a highway project involving the reconfiguration of an interstate exit. Vallee argued the court applied the incorrect standard in analyzing phosphorus discharges under Act 250 Criterion 1, and improperly evaluated the evidence of phosphorus and chloride discharges under Criterion 1. The Vermont Supreme Court found the Environmental Division applied the correct legal standard to evaluate discharges, and properly considered the evidence before it in determining that the project complies with Criterion 1. View "In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.)" on Justia Law

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During the certificate of need (CON) application process, applicant ACTD, LLC (operator of the Green Mountain Surgery Center (GMSC), a for-profit multi-specialty ambulatory surgery center), indicated that it initially planned to offer surgical services in five identified specialties. After the CON was issued, applicant notified the Board that in addition to these five specialties, it planned to offer plastic surgery and ophthalmology procedures. The Board chose to review these changes and, after hearing, issued a decision clarifying that the original CON was limited in scope to the five specialties applicant had identified in its application, and that the proposed addition of plastic surgery and ophthalmology procedures was a nonmaterial change to the project. The Board concluded that applicant had demonstrated a need for greater access to plastic surgery and ophthalmology procedures currently performed in a hospital setting and approved the addition of these services. However, it rejected applicant’s proposal to offer ophthalmology procedures already available at another ambulatory surgery center nearby. The Board also extended applicant’s implementation reporting period for two additional years. Applicant argued on appeal of the Board's decision that the Board improperly restricted the scope of the CON and lacked the power to extend the reporting requirement. Finding that the Board acted within its authority, the Vermont Supreme Court affirmed its decision. View "In re ACTD LLC, d/b/a The Green Mountain Surgery Center" on Justia Law

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R.L. Vallee, Inc. appealed the superior court’s denial of its motion to intervene in a state condemnation action seeking property rights for a highway project. Vallee argued: (1) it had a right to intervene under Vermont Rule of Civil Procedure 24(a)(1) because Vermont’s highway condemnation statute conferred an unconditional right to intervene; and (2) it had a right to intervene under Vermont Rule of Civil Procedure 24(a)(2) because it had an interest relating to property that was subject to the condemnation action and intervention was necessary to protect that interest. After review, the Vermont Supreme Court held that Vallee had an unconditional statutory right to intervene under Rule 24(a)(1), and accordingly, reversed. View "Agency of Transportation v. Timberlake Associates et al." on Justia Law

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Bernard Boudreau appealed the environmental division’s dismissal of his appeal of a Manchester Development Review Board (MDRB) decision for lack of jurisdiction. The Vermont Supreme Court concluded that Boudreau’s appeal was a collateral attack on a zoning decision barred by the exclusivity-of-remedy provision in 24 V.S.A. 4472, and therefore affirmed. View "In re Hopkins Certificate of Compliance (Boudreau, Appellant)" on Justia Law

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Plaintiff Fortieth Burlington, LLC filed suit to challenge the City of Burlington’s decision that there was a reasonable need to lay out a portion of roadway for part of a project known as the Champlain Parkway. The superior court granted the City summary judgment, concluding that Fortieth lacked standing under the relevant statute and general standing principles because Fortieth did not have a legal interest in any of the properties from which legal rights would be taken. On appeal, Fortieth argued it had standing to challenge the City’s necessity decision, that it did not receive proper notice of the necessity hearing, and that the City did not properly assess the necessity of the project. Finding no reversible error, the Vermont Supreme Court affirmed. View "Fortieth Burlington, LLC v. City of Burlington" on Justia Law

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Plaintiff, the Friends of Pine Street d/b/a Pine Street Coalition (Coalition), filed suit attempting to challenge the City of Burlington’s necessity order relating to the construction of the Champlain Parkway project. The superior court granted the City summary judgment on the basis that the Coalition lacked standing under both the relevant statute and general standing principles. On appeal, the Coalition argued it had standing to appeal the City’s necessity determination to the superior court, and that the City failed to satisfy the procedural and substantive requirements of the statute. Finding no reversible error, the Vermont Supreme Court affirmed. View "Friends of Pine Street d/b/a Pine Street Coalition v. City of Burlington" on Justia Law

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The trial court dismissed plaintiff Paul Civetti's negligence action against the Town of Isle La Motte and the Town Road Commissioner on grounds that: (1) because the Road Commissioner was an “appointed or elected municipal officer,” plaintiff was required by 24 V.S.A. section 901(a) to bring his action against the Town, rather than the Road Commissioner; and (2) the Town was, in turn, immune from suit based on municipal immunity. In his complaint, plaintiff alleged that: the Town has formally adopted road standards for its town roads; the Road Commissioner is responsible for assuring that the Town’s roads meet those standards; Main Street did not comply with those standards, including standards relating to the “width and shoulder”; the Road Commissioner knew or should have known that Main Street did not comply; and plaintiff was injured in a motor vehicle accident because of the non-compliant road. After review, the Vermont Supreme Court concluded that if the Road Commissioner was negligent in performing a ministerial function, the Town assumes the Road Commissioner’s place in defending the action and therefore may not assert municipal immunity from the claim pursuant to section 901(a) or § 901a, and that dismissal of this claim on the basis of qualified immunity was premature. Accordingly, the Court reversed and remanded for further proceedings. View "Civetti v. Turner" on Justia Law

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At issue in this case was the tax status of a 9.9-acre parcel of land containing an 11,500-square-foot garage that was owned and used by Zlotoff Foundation, Inc., a nonprofit charitable organization, for the purpose of storing and maintaining a collection of classic automobiles that it displayed at its nearby museum. The trial court ruled that the garage and the land were tax-exempt because they were used for a public purpose. However, it denied the Foundation’s request for a refund of property taxes paid to the Town of South Hero from 2016 to 2018 because the Foundation did not obtain a certificate of authority allowing it to transact business in Vermont until 2019. The Foundation and the Town both appealed. Finding no reversible error, the Vermont Supreme Court affirmed judgment. View "Zlotoff Foundation, Inc. v. Town of South Hero" on Justia Law