Legal News Blog

Public Utility Commission Denies Application to Construct Solar Facility in Mount Philo Viewshed

On July 21, 2017, the Vermont Public Utility Commission denied an application by Peck Electric, Inc. to construct a 144 kW net-metered solar project in Charlotte, Vermont, in the middle of the western viewshed of Mount Philo facing Lake Champlain and the Adirondack Mountains. The one-acre solar … [Read more...]

Supreme Court Clarifies Exemption for Non-Profit Property

In 2008, the Vermont College of Fine Arts, a Vermont nonprofit, purchased the real estate and other assets of Union Institute and University located in Montpelier. The College planned to use only a portion of the campus for its own operations, and to lease its unused space. In 2012, the College … [Read more...]

U.S. Department of Education provides clarification on the rights of students with disabilities and the responsibilities of educational institutions

On December 28, 2016 the U.S. Department of Education released three new sets of guidance to assist the public in understanding how the Department interprets and enforces federal civil rights laws protecting the rights of students with disabilities. These guidance documents clarify the rights of … [Read more...]

U.S. DOJ Issues Dear Colleague Letter on Transgender Students

On May 13, 2016 the United States Department of Justice and United States Department of Education- Office of Civil Rights issues a Dear Colleague Letter ('DCL') to school officials nationwide on the topic of transgender students and compliance with Title IX of the Education Amendments of 1972. The … [Read more...]

Child Abuse Reporting Under Act 60.

The Department for Children and Families now has a mandatory reporters webpage, describing reporting requirements and procedures as of July 1, 2015, when the new abuse reporting law (Act 60) became effective. The webpage answers frequently asked questions about how and when to report and reporting … [Read more...]

Service Animals and the ADA

On July 13, 2015 the Department of Justice (DOJ) issued a nine page technical assistance FAQ - Service Animals and the ADA to help assist covered entities like schools and municipalities in understanding how the service animal provisions of the regulations apply to them. The FAQ is a follow up to … [Read more...]

U.S. Supreme Rules Against Municipality in Cell Tower Dispute

The Supreme Court recently ruled against a Georgia municipality for failing to provide a timely written decision explaining its reasoning in denying a cell phone tower siting application by T-Mobile, South, LLC (“T-Mobile”). The City of Roswell’s city council held a public hearing to consider an … [Read more...]

SP&F Assists Vermont State Colleges in CCV-Winooski Campus Acquisition

On March 26, 2015, Stitzel, Page & Fletcher attorneys Robert E. Fletcher and David W. Rugh, working on behalf of Vermont State Colleges, assisted in closing the Colleges’ roughly $2.5 million purchase of its Community College of Vermont – Winooski Campus property. The property at 1 Abenaki Way was … [Read more...]

FMLA Amended Definition of Spouse to Include Same Sex Spouses

On February 25, 2015 the DOL issued a final rule amending the definition of spouse under the rules implementing FMLA to be consistent with the US Supreme Court's decision in United States v. Windsor which struck down section 3 of the Defense of Marriage Act (DOMA)as unconstitutional. The amended … [Read more...]

U.S. Supreme Court to Hear Arguments Questioning Constitutionality of Municipal Sign Ordinance

The Supreme Court of the United States will hear arguments on January 12, 2015 in Reed v. Town of Gilbert, a case raising the question of whether an Arizona municipality’s sign ordinance creates an unconstitutional distinction among different kinds of speech. The Supreme Court’s consideration of … [Read more...]