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...]
Vermont Supreme Court Rejects “Functional-Equivalency” Test for Public Records Act
December 3, 2021 by
Environmental Division Confirms Limited Act 250 Jurisdiction Over Municipal Projects
April 22, 2020 by
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.
September 17, 2019 by
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
December 22, 2017 by
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
November 7, 2017 by
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
October 20, 2017 by
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
August 8, 2017 by
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
February 24, 2017 by
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...]
Service Animals and the ADA
July 14, 2015 by
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...]