The Vermont Supreme Court will hear oral arguments in six cases during the high court's annual session at Vermont Law School on Monday, March 16, in Oakes Hall on the VLS campus. The session is open to the public. Vermont Court Rules apply for media coverage.
The court will consider the following cases:
Osier & Eugene Shaver v. Burlington Telecom, City of Burlington & Jonathan Leopold, 14-260 (9:30 a.m.) This case stems from the City of Burlington's use of general funds to support Burlington Telecom in contravention to Burlington Telecom's certificate of public good. Burlington city taxpayers appeal a decision of the superior court dismissing their complaint against the City of Burlington for an accounting of the misused funds and also appeal the court's entering of judgment in favor of the former city administrative officer, Jonathan Leopold. Leopold cross-appeals, arguing the court erred in failing to address his claims of immunity and concluding that he breached his fiduciary duty to the City.
In re Champlain Parkway Act 250 Permit, 14-352 (11 a.m.) The City of Burlington and the Vermont Agency of Transportation seek an Act 250 permit to construct the Champlain Parkway, a new road that will connect I-89 with Burlington's South End and City Center. An adjacent landowner disputes the conditions the Environmental Division imposed under Criterion 5, arguing that they do not adequately mitigate the traffic congestion that will be generated by the project.
State v. Tracy, 14-055 (11:30 a.m.) Did the State violate a father's First Amendment rights when it convicted him under Vermont's "abusive language" statute after he confronted his daughter's basketball coach? Is Vermont's "abusive language" statute unconstitutionally vague or overbroad in violation of the First Amendment?
State v. Goewey, 2014-009 (1:30 p.m.) A criminal defendant convicted of aggravated sexual assault appeals his sentence of 20 years to life in prison. He challenges the application of a statute that would require him to serve 70 percent of his maximum sentence, as well as the trial court's characterization of his conduct as "sodomy."
Kirkland v. Kolodziej, 2014-339 (2 p.m.) The parties in this appeal argue over the existence of a class 4 town highway, or "ancient road" that crosses their properties. The question is, did the selectboard comply with the required formalities when it dedicated the road in 1843?
Deveneau v. Wielt, 14-330 (2:30 p.m.) A motorist was seriously injured after a 1,100-pound racehorse slammed into his car. The horse had escaped from a pasture adjacent to a highway; the pasture's fence had fallen down. The horse's owner leases the pasture from a landowner. Does the owner of the land owe a legal duty to the motorist? If so, did the owner breach that duty?