Announcements

Vermont Supreme Court Rejects “Functional-Equivalency” Test for Public Records Act

On November 5, 2021, the Vermont Supreme Court handed down its decision in McVeigh v. Vermont School Boards Association, 2021 VT 86, holding that “there is no general ‘functional-equivalency’ concept contained in the [Public Records Act].” The Court decided that the Vermont School Boards Association … [Read more...]

Environmental Division Confirms Limited Act 250 Jurisdiction Over Municipal Projects

In an April 15, 2020 ruling, the Vermont Superior Court Environmental Division granted summary judgment to the City of Montpelier and Capitol Plaza Corporation, finding that the City’s proposed municipal parking garage is not subject to Act 250 jurisdiction.  In October 2018, the City and Capitol … [Read more...]

Selectboard Acted Properly Discontinuing Dead-end Road; Residents May Not Recover Damages.

The Town of St. George Selectboard discontinued (or “threw up”) Winterbottom Road, then a class 3 town highway, in 2016.  The Selectboard’s actions were based primarily on the costs of maintenance, the fact that only seven homes were located on the dead-end road, and the fact that most residential … [Read more...]

Court Holds Municipal Taxpayers Have Standing to Challenge Town’s Grant to Local Church

In the late 1980s, the Town of Cabot received a two-million-dollar grant from the U.S. Department of Housing and Urban Development (HUD) to fund a loan to the Cabot Farmers’ Cooperative Creamery for the construction of a warehouse. The Cooperative repaid the loan and, pursuant to its agreement with … [Read more...]

SP&F Clients Obtain Successful Results in Two More Public Utility Commission Cases

In successive months this fall, SP&F obtained successful results for its clients in two significant cases pending before the Vermont Public Utility Commission (formerly, the Public Service Board). In the first case, captioned Petition of Vermont RSA Limited Partnership and Cellco Partnership, … [Read more...]

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...]

SP&F Clients Benefit from Tax Exempt Financing

On Wednesday, August 2, the Vermont Municipal Bond Bank issued $29.9 million tax exempt “new money” bonds. The bond proceeds were used to purchase municipal bonds issued by Vermont communities, including a $625,000 bond for the Town of Charlotte to finance the acquisition of capital equipment, and … [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...]