Property owner JAM Golf, LLC (applicant) appeals the Environmental Court's denial of a permit for a proposed ten-lot subdivision in South Burlington. Applicant raises four issues on appeal, claiming the court erred by: (1) admitting expert testimony concerning wildlife corridors; (2) concluding that the project did not protect wildlife habitat or scenic views; (3) finding that the project did not conform to the city plan; and (4) denying the project a permit, rather than remanding the case to...  

Borrower, R&G Properties, Inc. (borrower), appeals an order of the superior court, granting summary judgment to lenders—Column Financial, Inc. (Column), Wells Fargo Bank, Minnesota (Wells Fargo), and GMAC Commercial Mortgage Corp. (GMAC)—as to all of borrower's claims. On appeal, borrower argues that the court erred in concluding that the security agreement and mortgage on five of its mobile home parks did not create an unenforceable restraint on alienation. Borrower also argues...  

Mother appeals from a family court order denying her request to recognize a Canadian child-custody judgment and to relieve her of an earlier contempt adjudication. We hold that the trial court erred in declining to recognize the foreign judgment, and that the contempt order has since become moot. Accordingly, we reverse... ¶ 2. Like many multi-jurisdictional custody disputes, this appeal arrives with a long and tangled factual and procedural history. The parties lived together in Vermont...  

¶ 1. Defendant appeals his convictions for possession of cocaine and marijuana. On appeal, defendant claims that the trial court erred in denying his motion to suppress statements and evidence seized from his person and his vehicle because: (1) defendant's consent to search his person was not given voluntarily; (2) defendant's Miranda rights were violated; and (3) police seized defendant's automobile for an unreasonable period of time. Defendant also appeals the court's denial of his...  

¶ 1. Defendant appeals the denial of his motion to suppress evidence that ultimately led to defendant's DUI processing. On February 24, 2006, a state trooper stopped to render roadside assistance to defendant, who was some fifty miles off course. After smelling alcohol and having difficulty understanding defendant when he spoke, the trooper administered a preliminary breath test (PBT) and conducted field-sobriety exercises in order to determine whether defendant was driving under the...  

¶ 1. Following a bench trial in Chittenden District Court, defendant was convicted of second-degree domestic assault. On appeal, defendant argues that the district court committed reversible error in admitting "testimonial" hearsay in violation of the Confrontation Clause of the Sixth Amendment. We conclude that the hearsay was not testimonial and affirm... ¶ 2. The facts of this case are undisputed on appeal. A police officer responded to a call from the dispatcher reporting...  

¶ 1. This appeal arises out of a Medical Practice Board disciplinary proceeding against Dr. Chase for alleged unprofessional conduct. Prior to final adjudication by the Board, Dr. Chase filed a six-count complaint in the superior court, claiming that his due process rights had been violated during the Board's preliminary proceedings. Dr. Chase sought a declaratory judgment and a permanent injunction requiring dismissal of the Board's charges. The Washington Superior Court dismissed all six...  

¶ 1. Defendant appeals from his conviction of sexual assault, 13 V.S.A. § 3252(a)(1)(A), following a jury trial on March 13, 2007. On appeal, defendant argues that the trial court committed plain error when it admitted evidence of: (1) events demonstrating defendant's physical and emotional abuse of complainant, Nancy, and (2) several hearsay statements. We affirm... ¶ 2. The State's evidence showed the following. Nancy, an adult, first met defendant in 1999, when Nancy and her...  

In this appeal, we consider the proper priority status for claims made by an insured's assignee against an insolvent insurer. Liquidator of the insolvent insurance company, Ambassador Insurance, determined that claims—originally held by an insured, A.P. Green Industries, Inc., and classified as priority four claims—should be reclassified as priority five general-creditor claims after Green assigned its payment rights to National Indemnity Company (NICO). NICO challenged the...  

This appeal asks us to determine whether Neal Letourneau has a right to transfer his workers' compensation case from the New York workers' compensation system to Vermont's Department of Labor under 21 V.S.A. § 620. We hold that Letourneau is not entitled to transfer his case to Vermont under § 620 for the purpose of claiming Vermont workers' compensation benefits. However, Letourneau is entitled to transfer his case to Vermont under § 620 for the purpose of enforcing his...  

In this interlocutory appeal, defendant appeals from the district court's denial of his motion to transfer his trial for second-degree murder, 13 V.S.A. § 2301, to juvenile court. We conclude that the district court erred in several respects in evaluating the transfer motion. Accordingly, we reverse and remand... ¶ 2. The facts are generally undisputed. On January 27, 2007, shortly before 1:00 a.m., defendant, then fifteen years old, shot and killed a man in the living room of...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Plaintiff B & F Land Development, LLC raises several claims of error arising out of a contract dispute with an excavation contractor, defendant Geoffrey Steinfeld. B & F's complaint against Steinfeld alleged that he: (1) negligently constructed a roadbed for B & F; (2) breached his contract with B & F; (3) converted 1,500 cubic yards of gravel; (4) was unjustly enriched by removing the gravel; and (5) violated...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant appeals from an order of the district court, denying him bail. On appeal, defendant argues that the trial court erred in citing Battered Women's Syndrome (BWS) in its written decision and in relying on syndrome evidence in finding that the evidence of guilt was great... ¶ 2. On June 22, 2008, several members of the Brattleboro Police Department responded to a disturbance report at defendant's address....  

Progressive Insurance Company appeals the superior court's summary judgment ruling in favor of Kyle Brown for uninsured motorist (UM) coverage. In its ruling, the court concluded that the policy definition of "uninsured motor vehicle," which excludes any vehicle owned by the insured or a relative, is unenforceable because it violates the public policy expressed in Vermont's UM statute, 23 V.S.A. § 941(a). On appeal, Progressive argues that Brown is not entitled to UM coverage based...  

This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination under a policy issued by defendant/cross-appellant Northern Security Insurance Company (Northern) for a period of...  

Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants' claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general release; and (3) plaintiffs' post-judgment motion seeking to amend its complaint to request recoupment of...  

Neighbor appeals the Environmental Court's approval of applicant's proposed Planned Residential Development (PRD) adjoining his property in Ferrisburgh, Vermont. Under the Ferrisburgh Zoning Bylaws, a qualified PRD that proposes cluster housing and preservation of open space may be authorized by the Planning Commission by waiver of the standard rules governing single-house lot development. On appeal, neighbor claims that the court erred by concluding that: (1) the proposed subdivision meets the...  

Today, we address a series of questions surrounding the loss of two Red Deer. Defendant was convicted of unlawful mischief and ordered to pay restitution to the deer owner in the amount of $5088. He appeals, arguing that the court erred in: (1) finding sufficient proof that the deer existed; (2) determining there was sufficient evidence of their value; and (3) rejecting defendant's argument that no restitution was due since the deer were derivative contraband. We disagree and affirm... ¶...  

In this action for fraud, defendants R. Brown & Sons, Robert Brown, and Stephanie Brown appeal from a default judgment on liability entered against them as a discovery sanction below. Defendants also bring several challenges to the court's final judgment on damages. Plaintiff Rathe Salvage, Inc. cross-appeals. We reverse the default judgment, remand the matter, and decline to consider the remaining issues on appeal and cross-appeal... ¶ 2. The relevant facts are as follows. For over thirty...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. The State of Vermont—joined by defendant Brian Rooney—moves to dismiss the above-captioned appeal on the grounds of mootness. The appeal concerns the trial court's denial of access to certain audio and video tapes admitted into evidence at a suppression hearing in a well-publicized aggravated murder case to appellants Burlington Free Press and WCAX TV (the Media). Because the trial court lifted its...