MSK successfully represented a group of neighbors opposed to a proposed South Burlington housing development in a Vermont Superior Court – Environmental Division appeal in which the Court rejected the developer’s argument that the neighbors were not entitled to party status in the Act 250 proceeding concerning “primary agricultural soils.” In addition, the Court rejected […]
Decisions
Michael Heller/166385 Canada Inc. NOV 60-6-18 Vtec
MSK successfully represented a landowner in a zoning enforcement matter involving his neighbor’s construction of a lakeside deck without obtaining the required permit and the neighbor’s claim of estoppel against the Town of Swanton. The matter was complicated by the Town’s failure to appear in the appeal of its notice of violation. Read Decision.
Smith et al v. Heney et al 833-9-17 Cncv
MSK successfully represented homeowners in an acquiescence and adverse possession claim and a related fence permit appeal in a combined Civil and Environmental Division case. Read Merits Decision and Judgment Order.
North Miami Avenue v. Jaques et al. 2018-255
Hans Huessy prevailed on a Supreme Court Appeal after his client was denied an award of attorneys’ fees in an eviction proceeding. The Supreme Court agreed with attorney Huessy, issuing a ruling in his favor and remanding a case for a hearing on the amount of fees to be awarded. Read Supreme Court Decision.
In re Laberge Shooting Range, 2018-102
In re Laberge Shooting Range, 2018-102 Attorney Hans Huessy successfully defended a decades old local institution from likely closure. Neighbors had sought to force the Laberge Shooting range in Charlotte, Vermont to apply for an Act 250 permit. The Range, which predated Act 250 by decades, could never have complied with the Act’s noise guidelines. […]
Hawkins Bay Lane Minor SD 91-7-17 Vtec
MSK attorney Alexander LaRosa wins judgment upholding historic environmental Settlement Agreement in Hawkins Bay Minor SD, Docket No. 91-7-17 Vtec, Vermont Superior Court Environmental Division (August 7, 2018). MSK was engaged by concerned neighbors who wanted to uphold a historic settlement agreement that protected Lake Champlain shoreline from development. Following a one day bench trial, […]
Island Arts CU 41-4-17 Vtec
MSK Attorneys successfully represented a local arts organization on a pro bono basis in an appeal of its local land use permit for its new art facility. Read Decision.
Adam Hubacz v. Village of Waterbury, 2018 VT 37
Daniel Seff represented a Vermont municipal police officer in Hubacz v. Village of Waterbury, 2018 VT 37, which the Vermont Supreme Court handed down on April 6, 2018. In Hubacz, the Court imposed two new limitations on a police department’s ability to terminate an officer in situations where a prosecutor has declined to prosecute that […]
