Vermont Supreme Court

Ute Regan v. Antonio B. Pomerleau, DeForest Realty, Inc. and City of Burlington 2014 VT 99 (August 14, 2014)

Brault v. Welch, 2014 VT 44 (May 16, 2014) MSK successfully represented a client in a case in which the Supreme Court found that an easement reserved in a deed across lakefront property, containing ambiguous language, could not be reformed.

In re: Musty Permit, 2011-290 (June 8, 2012) MSK successfully represented a client in both the Superior Court and Supreme Court regarding an appeal of a building permit for a new home on a new subdivided lot where the appeal was primarily based upon claimed defects in the subdivision process.  

In re: Verizon Wireless Barton Act 250 Permit, 2011-204 (May 1, 2012) MSK successfully represented Verizon Wireless in opposing the appeal by a neighbor of the Vermont Land Use (Act 250) permit for a wireless telecommunications facility in Barton, Vermont.  That proposed facility consists of a 107-foot tall monopole tower disguised as a pine tree along with accompanying […]

Lisman v. Town of Shelburne, 2010-251 (December 8, 2010) In this property tax appeal case, MSK prevailed at the Supreme Court, which affirmed the decision of Property Valuation and Review regarding the fair market value of our client’s property located on Lake Champlain for purposes of property tax assessment.  

In re: Verizon Wireless Barton Permit (2009-201) MSK represented Verizon Wireless to obtain a permit from the Town of Barton for a telecommunications antenna in the shape of a tree.  Neighbors appealed the permit, and the Environmental Court dismissed the appeal for lack of standing.  In a 3-2 decision, the Supreme Court affirmed the dismissal of the lawsuit.

Hurt v. Bryson, 2009-013 (February 4, 2009) In this quiet title action, MSK prevailed in obtaining a judgment that her client owns a parcel of land with frontage on Lake Champlain.  Defendant’s appeal to the Supreme Court was 3 days late, and MSK’s request that the appeal be dismissed was granted, ending the lawsuit.

In re: Olde Orchard Realty Partnership, L.P., 2008-288 (January, 2009) MSK represented a landowner claiming pre-condemnation damages as the result of a condemnation action filed by the Vermont Electric Power Company which was abandoned after the landowner was forced to spend significant sums to appeal a proposed damage award.