Attorney John Mazzuchi successfully defended a business owner from personal liability for a claim against the business. A purchaser of an automobile from a dealership attempted to sue the owner of the car dealership, claiming she was misled about the condition of the vehicle. Attorney Mazzuchi obtained a dismissal of all claims against the owner, […]
Decisions
JSCL, LLC CU Permit, Docket No. 127-10-17 Vtec
MSK successfully represented neighbors in a challenge to a proposed trucking depot night time use based upon noise issues. In this case, MSK challenged the applicant’s noise expert opinions which were based on calculations of impacts on projected noise measured over an hour. MSK argued, and the Court found, that people experienced noise instantaneously and […]
Agency of Transportation v. Timberlake Associates et al Docket No. 2019-423
MSK wins the right to intervene in a State condemnation action on behalf of a landowner client. Today, the Vermont Supreme Court ruled that all parties who have an interest in land subject to condemnation by a State agency – including easement holders, lessees and licensees – have an unconditional right to object to the […]
In re 204 North Avenue NOV, 2019 VT 52
MSK successfully represented a group of Burlington area landlords in overturning a series long-held rulings by the Environmental Court that “use” violations (such as adding additional living units or bedrooms) were considered “continuing violations,” and therefore could not obtain the benefit of the 15-year statute of limitations applicable to structures. MSK filed an Amicus (friend […]
Re: Successful Tax Appeals for Stratton and Okemo Condominium Projects
Attorney Hans Huessy successfully reduced the property taxes for four condominium projects located in Stratton and Okemo. He represented two timeshare projects and a regular condo project in Okemo and collectively obtained over $250,000 in property tax savings for his clients. He represented a regular condominium project in Stratton and got their tax bills reduced […]
Re: Hovey and Victory Hill Kennel, LLC v. Town of Victory, Flanigan et al 5:16-cv-266-gwc
Attorney Hans Huessy represented a couple from Connecticut who were sued for defamation and certain constitutional claims in federal court. After filing a series of Motions to Dismiss and Motions for Summary Judgment, Attorney Huessy succeeded in having all of the claims against his clients dismissed. Read Decision here.
Re: Snyder Group, Inc. Act 250, Docket No. 107-10-18 Vtec
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 […]
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.
