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 […]
Vermont Supreme Court
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. […]
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 […]
North Country Sportsman’s Club v. Town of Williston 2016-387
North Country Sportsman’s Club v. Town of Williston 2016-387 Hans Huessy successfully represented the North Country Sportsman’s Club, a skeet shooting range located in Williston, Vermont, from the Town’s efforts to restrict the Club’s operation and several citations for noise violations, which were rescinded. The Court’s decision means the Club can continue to operate consistent with […]
Brisson v. Town of Monkton
Brisson Stone LLC, Allan Brisson and Michael Brisson v. Town of Monkton and Claudia Orlandi 2014-455 MSK successfully represented a municipality in Environmental Division and Supreme Court appeals that upheld the municipality’s position that blasting, drilling, and crushing ledge rock for gravel product does not qualify as “gravel extraction” as permitted under the municipality’s zoning […]
Certificate of Occupancy
In re: Willowell Foundation Conditional Use Certificate of Occupancy (Andrew Higbee, Jr. and Sheryl Knauth) 2014-369 MSK represented a municipality in Environmental Division and Supreme Court appeals that upheld the municipal panel’s conditional use and site plan approvals for the construction of a community center and related improvements, with a change in approval conditions. Notably, […]
Regan v. Pomerleau, (DeForest Realty / Burlington)
Ute Regan v. Antonio B. Pomerleau, DeForest Realty, Inc. and City of Burlington 2014 VT 99 (August 14, 2014)
