By Andy Delaney Other than what's rubbed off from being a member of planning commissions for the past fifteen years or so, I spend little time in the land-use arena. I note this because both SCOV decisions issued on April 12, 2024, deal with land use and you should keep your expectations low (as regular readers of this blog should know to do). Anywho, let's get to the alphabet soup. First, we have an appeal in a decade-long battle over a natural-gas pipeline. In proceedings below, the Vermont Public Utility Commission (PUC for a 90s-reality-show vibe) found that Vermont Gas Systems, Inc ..read more

By Andy Delaney I've written before about my beliefs on professional responsibility. My view on these matters is no secret. I believe that if you find yourself in hot water with the professional-responsibility program, the best approach is to take full responsibility, sincerely apologize in words and deed, and explain why—and the steps taken to ensure—the mistake won't happen again. Or in the more-colloquial manner I state the principle: "I f***ed up. I'm sorry. Here's why it won't happen again." Standard disclaimer: don't take this as legal advice. God help you if you take anything ..read more

As conditions require, so to speak By Andy Delaney This week's opinions deal with criminal conditions of release and the tort known as negligent infliction of emotional distress.  On Thursday, March 21, SCOV issued a published entry order concerning a trial-court decision striking two conditions of release in response to defendant's request to modify bail. Those conditions were that defendant be released into the custody of a responsible adult and that defendant have curfew at an approved residence. In  a nutshell, defendant was charged with felony assault and battery and la ..read more

Don't deposit the check! By Andy Delaney This week's opinion explores whether depositing a check for a partial payment constitutes "acceptance and use" of payment for purposes of barring a challenge to necessity of the taking or the public purpose of a highway project. I swear I was trying to simplify there, but I'm not sure I made it. It's not quite a have-your-cake-and-eat-it-too situation, but the phrase does come to mind.  The State of Vermont is reconstructing the I-89 interchange at Exit 16. In connection with this project, it determined it needed to take some land. It ..read more

By Andy Delaney  On February 26, 2024, SCOV issues a published Entry Order on a hold-without-bail case. This one is a little different because the State is appealing the trial court's decision to let someone out on bail. Defendant is charged with accessory after the fact to murder. The State argues that this is a crime of violence (a necessary element for a hold-without-bail order). The trial court and SCOV disagree. Even if the State ultimately has to prove a violent act, the accessory-after-the-fact charge does not include violence as an element. SCOV affirms the trial court. St ..read more

By Andy Delaney Three opinions this week. First, we deal with whether Rule 59 can save a possible pleading deficiency. Here, SCOV says “yes.” This case is about an airport, so naturally, we’re going to link to a punk-rock cover of John Denver’s classic Leaving on a Jet Plane. Plaintiff-developer’s EB5 breach-of-contract case was dismissed by the trial court. After the trial court dismissed the case, the trial court closed the file. Plaintiff moved for reconsideration and permission to file an amended complaint. The trial court denied the motion and considered the matter closed. Plaintiff appe ..read more

By Andy Delaney I know what you're thinking. Didn't he say he was going to keep up with posts this year? Been at least a month. So much for that idea! There actually hasn't been anything issued since January 19, 2024. I swear I am not making this up. Yesterday, however, SCOV issued four opinions and I've painstakingly dissected, um, I mean, I've written some probably mostly accurate words about those four decisions below.*     First, we have a challenge to Vermont’s recently enacted vote-by-mail statute. The trial court concluded that plaintiff lacked standing to bring the cla ..read more

By Andy Delaney This week’s case is primarily about non-witness identification from video and stills.  Some dude robs a convenience store in Highgate wearing a hoodie, beanie, and mask. He tells the clerks he has a gun. It might be Mark Zuckerberg for all we know at this point. There’s video of the event. The clerks can’t identify him. Enter a Vermont-State-Police-generated Facebook post and a person who recognizes defendant’s distinctive eyes and things start to focus. The defendant’s PO and a manager of a sober house also identify defendant. The police officer in charge of the cas ..read more

We don't typically post obituaries on this blog. And maybe this is something else, but we usually don't post that type of—this type of—thing either.   But Jerry O'Neill was, in my opinion, a titan of Vermont law and somebody who merits remembering. Besides, it's not like anyone can stop me.   I first met Jerry over the phone when I was a baby lawyer doing something dumb (and humorous) and my at-the-time boss called Jerry up for some advice on speakerphone. Jerry chuckled at my antics and gave me some good advice that I followed. The crisis—or more accurately, potential cri ..read more

By Andy Delaney So far, so good. Maybe I'll keep the blog reasonably updated this year. Time will tell. Two opinions issued January 12.   First, we have an appeal from a Vermont Public Utility Commission (PUC) order approving a contract for the purchase of out-of-state renewable natural gas under this statute. Vermont Gas Systems, Inc. (VGS) entered a contract to purchase landfill gas from a NY landfill and asked the PUC to approve the contract. Petitioner, a VGS ratepayer, intervened to protect against rate increases for an energy source that presented no environmental benefit.&nbs ..read more