¶ 1. Husband appeals from the Washington Family Court's enforcement order increasing the percentage of his military retirement benefits going to wife under the property division order that was finalized when the parties divorced. We affirm in part and reverse in part... ¶ 2. Husband is a career military man who spent more than twenty years in the United States Marine Corps. On July 1, 2005, husband, who was in his forties at the time, took a forced retirement from the military, and he...  

¶ 1. Polly's Properties, LLC (taxpayer) appeals from a superior court judgment upholding the Department of Taxes' assessment of a property-transfer tax on two parcels of real property transferred to taxpayer as its start-up capital. Taxpayer contends the trial court erred in concluding that, because the transfers did not occur at the time of, or within ninety days thereafter, the filing of taxpayer's articles of organization it was not entitled to a transfer-tax exemption under 32 V.S.A....  

¶ 1. Appellant/developer appeals imposition of an off-site mitigation fee assessed pursuant to 10 V.S.A. § 6086(a)(9)(B)(iv) because of the presence of 10.85 acres of "primary agricultural soils" on the site of a proposed affordable housing development.1 Developer contends that the Environmental Court erred by refusing to consider the cost of removing trees from the land in assessing whether it should be classified as primary agricultural soils. Because we agree with developer...  

¶ 1. Rodney White appeals from a superior court judgment requiring that he pay the full purchase price offered by third-party purchasers William, David and Peter Bischoff (the Bischoffs) as a requirement of exercising his right of first refusal for certain real property owned by sellers Donald L. Bletz, Sr. and Bruce Van Guilder (sellers). We affirm... ¶ 2. This is the second appeal to arise from this real property dispute. Most of the salient facts are set forth in our earlier ruling...  

¶ 1. This case asks the Court to decide the proper measure of damages for the loss of a family dog. Plaintiffs Sarah and Denis Scheele appeal from a judgment denying them recovery for emotional damages for the intentional killing of their pet dog, Shadow. Though plaintiffs recovered $155 in economic damages for the destruction of their property, the issue is whether they are entitled to damages for emotional distress or loss of companionship as a result of Shadow's death. They claim that...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. This action stems from a long-standing and much-litigated dispute between neighbors over maintenance of a community septic system. Following the trial court's grant of injunctive relief in favor of plaintiffs, plaintiffs appeal from the trial court's denial of their post-judgment motion to amend the terms of the injunction and the court's calculation of attorney's fees. We affirm... ¶ 2. The parties are...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant appeals a district court order revoking his probation and suspended sentence for sexual assault. Defendant was cited for violating three conditions of probation: that he (1) not participate in friendships or relationships with women or men who have children under the age of eighteen, (2) abide by a curfew, and (3) not buy, have, or use any regulated drugs unless prescribed by a doctor. The court found he...  

¶ 1. Justin Ford appeals from the judgment of conviction rendered following his conditional pleas to possession of marijuana and possession of narcotics. The defendant claims that the trial court improperly denied his motion to suppress certain evidence seized from his house. We agree and, accordingly, reverse the judgment of the trial court and remand... ¶ 2. Sometime in the early morning of March 20, 2008, an individual called 9-1-1, said his name was Stephen Ford, and said he had...  

¶ 1. Husband appeals the decision of the Bennington Family Court granting a divorce and denying his motion to dismiss wife's divorce action for lack of jurisdiction. Husband alleges that wife, who admits to moving to Vermont in order to get a divorce, does not possess the requisite intent to abandon her New York domicile such that the Vermont trial court had jurisdiction over her divorce proceeding. We affirm... ¶ 2. Husband and wife resided as a married couple in New York. In 2007,...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant appeals his sentence of eight-to-fifteen years following his guilty plea to a charge of lewd and lascivious conduct with a child under sixteen in violation of 13 V.S.A. § 2602. On appeal, defendant argues that the sentencing court impermissibly relied on an unproven and unsupported fact and abused its discretion by ignoring available information regarding treatment and rehabilitation. We affirm......  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant Michael Brillon appeals a decision of the Bennington District Court ordering him held without bail under 13 V.S.A. § 7553, which provides that a person may be held without bail when "charged with an offense punishable by life imprisonment," as long as "the evidence of guilt is great." Defendant is charged with second-degree domestic assault and faces a maximum penalty, if convicted, of...  

¶ 1. Plaintiffs, prison inmates housed at the Lee Adjustment Center, a privately operated prison in Beattyville, Kentucky, appeal the dismissal of their petition for injunctive relief seeking both the right to use debit cards for telephone calls and the availability of free postage stamps. We reverse and remand... ¶ 2. Plaintiffs were convicted and sentenced in Vermont and then transferred to the Kentucky prison pursuant to a contract between the Vermont Department of Corrections...  

¶ 1. Landowner Ondovchik Family Limited Partnership appeals from the trial court's dismissal of its lawsuit against defendant Vermont Agency of Transportation. Landowner owns a building in Shelburne. As a result of defendant's recent expansion of Route 7, landowner's building is less than eight feet from that highway. This lawsuit stems from alleged damage to that building from snow throw and water runoff from defendant's snowplowing of the highway. In its amended complaint, landowner...  

¶ 1. In this action involving a boundary dispute and claims of nuisance and trespass related to the siltation of a pond, the appealing landowner contends that the trial court erred in establishing the boundary between the parties' properties and awarding compensatory damages for encroachment based upon that incorrectly established boundary. The landowner also argues that even if the court correctly established the boundary, it erred by awarding punitive damages without finding the...  

¶ 1. Defendant appeals from a partition judgment in which the trial court awarded defendant the option of purchasing plaintiff's share in certain real property, or in the alternative, if defendant did not exercise the option, ordered the property to be sold and proceeds divided according to a court-ordered percentage plan. Defendant claims on appeal: (1) that the court's findings are not supported by the evidence; (2) that the court, in determining the equities, was swayed by irrelevant...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Plaintiff Ryland Ianelli appeals from the trial court's grant of summary judgment to defendant U.S. Bank (the Bank) on his consumer fraud, common law fraud, negligent misrepresentation, and breach of contract claims following a dispute arising out of the Bank's conduct in handling plaintiff's overdrawn bank account. We affirm... ¶ 2. In August 2004, plaintiff opened a student checking account with the Bank in...  

¶ 1. Defendant Howard Godfrey appeals his conviction of aggravated murder following a jury trial. Defendant argues that the evidence presented at trial was insufficient to prove guilt beyond a reasonable doubt. Defendant also argues that the trial court erred and violated his constitutional right to present a complete defense when the court limited his cross-examination of one of the State's primary witnesses. We affirm... ¶ 2. The evidence presented at trial disclosed the following....  

¶ 1. Parents Harry Clayton and Lucille Clayton appeal from the trial court's order in this long-running family dispute over stock shares. An arbitrator concluded in 2002 that son Steven Clayton, rather than parents, owned certain disputed shares. The trial court confirmed this decision on appeal. Following additional proceedings, the trial court also concluded that son was entitled to $514,964.26 in past dividends paid on these shares. Parents argue that the court erred in awarding son...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Applicant Bruce Paynter appeals from a decision by the Environmental Court to remand his application to the Town of Pittsford Zoning Board of Adjustment (ZBA) for reconsideration under the Town's 1989 zoning ordinance. Applicant contends that the Town's 2005 zoning ordinance, not the 1989 ordinance, applies to his application and that the court incorrectly concluded that the 2005 ordinance was void and unenforceable....  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Petitioner challenges the Human Services Board's order dismissing his appeal for being untimely filed. He argues that the board should have granted him a hearing on the decision by the Department for Children and Families (DCF) substantiating a charge of child sexual abuse of Z.D. and placing petitioner's name on the Child Abuse and Neglect Registry. We affirm... ¶ 2. Although this case involves only the...