Legal News Blog

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...]

SP&F Assists Jeffersonville in Floodplain Protection Property Acquisition

On September 29th, Stitzel, Page & Fletcher attorneys, working on behalf of the Village of Jeffersonville, closed on the Village’s purchase of a 4.2-acre, more or less, parcel of land lying at the southwesterly corner of the intersection of Vermont Routes 15 and 108. The highly visible property … [Read more...]

DOE and DOJ Guidance on Education for Confined Juvenile Students

On December 8, 2014, the United States Department of Education and the Department of Justice issued a four part set of guidance for assisting both state and local educational agencies in addressing and strengthening the educational services provided to students in juvenile facilities. The … [Read more...]

Education Law Session Vermont Principals’ Association- January 13, 2015

On January 13, 2015 Steve Stitzel and Dina Atwood will be presenting: Current Issues in Labor and Personnel Law: a Workshop for Public School Administrators and Legislative Update for the Vermont Principals' Association. The workshop is designed to help school administrators, human resource … [Read more...]

Office Of Civil Rights Guidance- Single Sex Classes and Extracurricular Activities

On December 1, 2014 the United States Department of Education- Office of Civil Rights issued a "significant guidance document" on the issues/limitations of providing single sex classes and extracurricular activities in elementary and secondary Schools under Title IX. The general rule under Title … [Read more...]

U.S. District Court for the District of Vermont Allows a Private Nuisance Claim Against Operational Wind Project

Vermont’s federal district court, in Brouha v. Vermont Wind, LLC, denied a motion to dismiss a landowner’s private nuisance claim against the owners of the Sheffield Wind Project, an operating wind project holding a Certificate of Public Good from the Public Service Board (“PSB”). As discussed … [Read more...]

OSERS GUIDANCE ISSUED

On November 12, 2014 the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education issued a "Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary … [Read more...]

Vermont Supreme Court Clarifies Statute of Limitations for Preventing Adverse Possession and Calculation of Statutory Charitable Use Exemption Period

In Mahoney v. Tara, LLC, 2014 VT 90, the Mahoney family claimed title by adverse possession to a seventy-five-foot portion of beach frontage on Lake Champlain. The Mahoneys first began occupying the beach in 1949 and eventually purchased it in 1976. The current record owner of the property, which … [Read more...]

United States District Court Rules Against Supervisory Union on Parent’s First Amendment Claim

The United States District Court for the District of Vermont has found that a Vermont school supervisory union violated the U.S. Constitution when it issued no-trespass notices against a student’s parent. In Cyr v. Addison Rutland Supervisory Union, the Court found violations of the First Amendment … [Read more...]