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...]
Legal News Blog
Vermont Supreme Court Clarifies Statute of Limitations for Preventing Adverse Possession and Calculation of Statutory Charitable Use Exemption Period
October 21, 2014 by
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
October 21, 2014 by
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...]
EEOC GUIDANCE ON PREGNANCY DISCRIMINATION ACT
September 4, 2014 by
For the first time since 1983, The U.S. Equal Employment Opportunity Commission (EEOC) has updated their guidance on the Pregnancy Discrimination Act of 1978. The new guidance document, along with an associated fact sheet and FAQ, incorporates the last thirty years of developments to legal … [Read more...]
Removal of Houses Near Airport Does Not Require Site Plan Review
August 15, 2014 by
George Maille is a longtime resident of South Burlington, with a home located on Logwood Street in a neighborhood adjacent to Burlington International Airport. Since 1992, the City of Burlington (“BTV”), which owns the Airport, has been purchasing residential properties that are regularly subjected … [Read more...]
Vermont Supreme Court Changes Vermont Premises Liability Law
August 15, 2014 by
Under the traditional common-law negligence theory that was the rule of law in Vermont until very recently, the duty of care a landowner owes to persons entering their property hinges on whether such persons are classified as an “invitee” or “licensee” or “trespasser.” An invitee is a person who … [Read more...]
Changes to the Open Meeting Law
July 3, 2014 by
Act 143 from the 2013-2014 session of the Vermont legislature creates changes to the Open Meeting Law effective on July 1, 2014. Some of the key changes clarify when public bodies can enter into executive session to have private discussions, provide details on how to conduct meetings … [Read more...]
United States Supreme Court Issues Decision on Legislative Prayer
July 3, 2014 by
In its recent decision in Town of Greece v. Galloway, 572 U.S. __ (2014), the United States Supreme Court, reversing a decision of the Second Circuit of Appeals, held that the practice of the Town of Greece, New York, of opening meetings of its local legislative body with a prayer offered by members … [Read more...]
U.S. Supreme Court Clarifies When an Employer is Strictly Liable for Workplace Harassment
June 2, 2014 by
It is well established that, under Title VII of the Civil Rights Act of 1964, an employer may be vicariously liable for actions of an employee serving in a supervisory role that create a hostile work environment for a subordinate employee. If the harassing employee has a co-worker relationship to … [Read more...]
Vermont Supreme Court Issues New Ruling On “Void for Vagueness” Challenges to Zoning Regulations, Holds Definition of “Family” is Valid
July 3, 2013 by
In a recent decision regarding a zoning enforcement case prosecuted by Stitzel, Page & Fletcher on behalf of the Town of Fairfax (the “Town”) against Defendant Leon Beliveau (“Defendant”), the Vermont Supreme Court affirmed a judgment that Defendant operated an unpermitted rooming-and-boarding … [Read more...]