Justia Real Estate & Property Law Opinion Summaries
Articles Posted in Vermont Supreme Court
In re Dousevicz, Inc.
Applicant sought permission from the Town’s Development Review Board (DRB) to build a senior-living facility in Castleton, Vermont, which included independent-living, assisted-living, and memory-care units. The DRB approved the project with conditions, including that each unit have a kitchen, but did not approve the memory-care unit, classifying it as a nursing home, which exceeded the allowed number of residents.Applicant appealed to the Environmental Division, which reviewed the case de novo. The court struck the condition requiring kitchens in each unit and concluded that the project was a multi-family dwelling, not a nursing home, based on state law definitions. Neighbors did not appeal but challenged the project’s height and the classification of the memory-care unit. The court dismissed the height challenge for lack of jurisdiction and found that the project met the multi-family dwelling definition.The Vermont Supreme Court reviewed the case. It affirmed the Environmental Division’s decision on the jurisdictional issue, agreeing that the height challenge was outside the scope of the court’s review. However, it found that the Environmental Division erred in using state law definitions instead of the town’s zoning bylaws to classify the memory-care unit. The Supreme Court reversed the decision regarding the memory-care unit and remanded for further findings on whether it met the bylaw’s definition of a nursing home, which requires in-house nursing care for residents suffering from illness or disease. The court also upheld the Environmental Division’s decision to strike the kitchen condition for the independent and assisted-living units but required further consideration of the memory-care unit’s compliance with the cooking requirement in the zoning ordinance. View "In re Dousevicz, Inc." on Justia Law
Needham v. Smith Trust
James Needham and Roxanne O. Smith purchased a residential property as joint tenants. Smith later vacated the property and transferred her interest to the Roxanne O. Smith Trust. After Smith's death, both parties filed crossclaims for partition. The trial court assigned the property to Needham and awarded the Trust an equitable sum for its interest. The court declined to offset Needham's contributions by the fair-market rental value for the time Smith left the property, concluding that Needham did not prevent Smith from accessing the property and that the Trust had not established the fair-market rental value.The Superior Court, Addison Unit, Civil Division, held a two-day bench trial and found that Smith left the property due to fear of Needham but was not denied access. The court assigned the property to Needham, who was to pay the Trust for its interest. The court rejected the Trust's request for an offset due to ouster, finding no evidence that Needham excluded Smith from the property. The court also found that the Trust failed to establish the fair-market rental value of the property, as the trustee's testimony lacked sufficient foundation.The Vermont Supreme Court reviewed the case and affirmed the lower court's decision. The court held that the trial court did not abuse its discretion in finding that the Trust failed to establish the fair-market rental value of the property. The court noted that the trustee's testimony was insufficient to establish rental value and that the trial court was not obligated to assign it any persuasive value. The court also declined to remand the case for additional evidence on rental value, as the Trust did not demonstrate any reason why remand was warranted. View "Needham v. Smith Trust" on Justia Law
In re Brewster River Mountain Bike Club, Inc. Conditional Use Application
Landowners Nicole Ritchie and Elisabeth McIntee, in collaboration with the Brewster River Mountain Bike Club, replaced an old footbridge on their property in Underhill, Vermont, with a new bridge to provide access to a recreational trail network. The new bridge was larger and more secure than the old one, and a ramp was added to connect it to the existing trail. Neighbors David Demarest and Jeff Moulton contested the improvements, arguing that they violated the town's zoning regulations.The Town of Underhill Developmental Review Board granted a retroactive conditional-use permit and variance for the bridge and ramp. The neighbors appealed to the Environmental Division, which found that the bridge's installation caused minimal land disturbance and was used for recreational purposes by the landowners and the public. The Environmental Division voided the permit, ruling that the bridge was a de minimis recreational use of private property and not subject to zoning regulations.The Vermont Supreme Court reviewed the case and affirmed the Environmental Division's decision. The Court held that the bridge constituted a de minimis recreational use of private property, as it involved minimal land disturbance, had a small footprint, posed minimal health and safety risks, and was used for recreational purposes. The Court concluded that the bridge was outside the scope of the town's zoning ordinance and did not address the neighbors' other arguments regarding the permit and the Club's standing. View "In re Brewster River Mountain Bike Club, Inc. Conditional Use Application" on Justia Law
Agency of Transportation v. Timberlake Associates, LLC
The Vermont Agency of Transportation (AOT) proposed a project to reconstruct the interchange between Interstate 89 and U.S. Routes 2 and 7 in Colchester, Vermont, into a Diverging Diamond Interchange (DDI). Timberlake Associates, LLP, the landowner of a gas station at the southeast corner of the interchange, contested the necessity of the land takings required for the project. Timberlake argued that AOT did not fulfill its pre-suit obligation to negotiate and that the trial court erred in its determination of necessity.The Superior Court, Chittenden Unit, Civil Division, held a four-day evidentiary hearing and concluded that Timberlake failed to demonstrate bad faith or abuse of discretion by AOT. The court found that AOT had satisfied its burden of demonstrating the necessity of taking Timberlake’s property to the extent proposed. Timberlake appealed the decision, arguing that AOT did not adequately consider the statutory factors of necessity and failed to negotiate in good faith.The Vermont Supreme Court reviewed the case and affirmed the lower court’s decision. The Court found that AOT presented sufficient evidence showing it considered the statutory factors, including the adequacy of other property and locations, the effect on the landowner’s convenience, and the environmental impacts. The Court also determined that AOT’s selection of the DDI design was justified based on its superior performance in increasing capacity, reducing congestion, and improving safety compared to other alternatives. Additionally, the Court concluded that AOT made reasonable efforts to negotiate with Timberlake before filing suit, as required by statute.The Vermont Supreme Court held that the trial court acted within its discretion in determining the necessity of the takings and that AOT fulfilled its pre-suit obligation to negotiate. The decision of the lower court was affirmed. View "Agency of Transportation v. Timberlake Associates, LLC" on Justia Law
In re Pederzani Administrative Appeal
Dawna Pederzani operated the Vermont English Bulldog Rescue from her home in Williston, Vermont, providing temporary foster care to rescued dogs. Her home is located in a residential zoning district governed by the Williston Development Bylaw. In September 2022, she received a notice of zoning violation for operating the rescue without a permit. She applied for an "after-the-fact" zoning permit as a "home business," which was denied by the Development Review Board. She then filed a new application in January 2023, which was initially approved by the zoning administrator but later reversed by the Board upon appeal by her neighbors.The Environmental Division granted summary judgment in favor of the neighbors, affirming the denial of the home-business permit. The court held that the bylaw's home-business provision prohibited any outdoor use for the business in the residential zoning district. It rejected Pederzani's argument that her operation qualified as a "kennel," which the bylaw allows in residential districts, reasoning that the kennel provision was limited by the outdoor restriction for home businesses.The Vermont Supreme Court reviewed the case de novo and reversed the Environmental Division's decision. The Court held that the rescue operation qualifies as a kennel under the bylaw, which allows kennels as home businesses in residential districts. The Court found that the kennel provision, which contemplates some outdoor use, should be read as an exception to the general home-business provision that prohibits outdoor workspaces. The case was remanded for further proceedings consistent with this opinion. View "In re Pederzani Administrative Appeal" on Justia Law
In re Cathedral of the Immaculate Parish Charitable Trust Appeal
A group of Burlington residents appealed a summary judgment order from the Environmental Division that upheld a permit for the Cathedral of the Immaculate Conception Parish Charitable Trust to demolish church structures on its property. The residents argued that the court erred in concluding that 24 V.S.A. § 4413(a)(1)(C) prevented the City of Burlington from applying its Comprehensive Development Ordinance (CDO) to restrain the demolition. They also contended that the court erred in denying their motion to compel discovery regarding the pending sale of the property to a nonreligious buyer, asserting that the sale was relevant to the applicability of § 4413(a)(1)(C).The Environmental Division granted summary judgment to the Trust, finding that the intended functional use of the property was for religious purposes, specifically the deconsecration of the Cathedral through demolition, which was an ecclesiastical process. The court concluded that applying the CDO would interfere with this intended functional use. The court also denied the residents' motion to compel discovery, determining that the information sought was unrelated to the issue on appeal, which was limited to whether § 4413(a)(1)(C) exempted the property from regulation under the CDO.The Vermont Supreme Court affirmed the Environmental Division's decision. The Court held that the applicability of § 4413(a)(1)(C) depends on the intended functional use of the property at the time of the application, not on the identity of the owner or potential future uses. The Court found that the Trust's intended use of the property for religious deconsecration through demolition was protected under § 4413(a)(1)(C). The Court also upheld the denial of the motion to compel discovery, as the future use of the property by a potential buyer was irrelevant to the current application. Thus, the summary judgment in favor of the Trust was affirmed. View "In re Cathedral of the Immaculate Parish Charitable Trust Appeal" on Justia Law
Massucco v. Kolodziej
Defendants discovered that a parcel of land near their property was seemingly omitted from the plaintiff's deed. They arranged for the heirs of a previous owner to deed that parcel to them without confirming the heirs' ownership or consulting the plaintiff, who used the parcel. After recording their deed, defendants informed the plaintiff that they owned the parcel and asked her to remove her belongings. The plaintiff sued for deed reformation and slander of title.The Superior Court, Windham Unit, Civil Division, granted the plaintiff's claim for deed reformation on summary judgment and concluded that Mr. Kolodziej slandered the plaintiff's title after a bench trial. Defendants appealed the decision.The Vermont Supreme Court reviewed the case and affirmed the lower court's decisions. The court held that the plaintiff had a transferrable ownership interest capable of disparagement, as the reformed deed related back to the original deed. The court found that the defendants published a false statement by recording a deed that falsely claimed ownership of the disputed parcel. The court also concluded that Mr. Kolodziej acted with malice by recklessly disregarding the plaintiff's potential claim to the property. Finally, the court determined that the plaintiff's legal expenses incurred in clearing the cloud on her title constituted special damages necessary to sustain her slander-of-title claim. The court affirmed the trial court's grant of summary judgment on the deed reformation and the ruling on the slander-of-title claim, including the award of attorney's fees to the plaintiff. View "Massucco v. Kolodziej" on Justia Law
Vermont Human Rights Commission v. Town of St. Johnsbury
Nicole Stone, a person with disabilities who uses a motorized wheelchair, resides in St. Johnsbury, Vermont. In 2020, her mother’s boyfriend, Johnathan Chase, built an outdoor structure to facilitate socially distanced meetings for Stone. A neighbor complained about the structure, leading the town zoning administrator to inform Chase that it violated setback requirements and to advise him to seek a variance. The Development Review Board (DRB) denied the variance request without discussing Stone’s disability-related needs. Stone did not appeal the decision but filed a discrimination complaint with the Vermont Human Rights Commission.The Commission investigated and found reasonable grounds to believe the Town of St. Johnsbury discriminated against Stone based on her disability. The Commission filed a complaint in the Civil Division of the Superior Court, seeking various forms of relief, including declaratory and injunctive relief, damages, and civil penalties. The Town moved to dismiss the complaint, arguing that only the Environmental Division had jurisdiction over such claims. The Civil Division dismissed the complaint, concluding it lacked subject-matter jurisdiction because ruling on the discrimination claim would constitute an impermissible collateral attack on the final zoning decision.The Vermont Supreme Court reviewed the case and concluded that the Civil Division has jurisdiction over all Vermont Fair Housing and Public Accommodations Act (VFHPAA) claims. The Court held that the finality provisions of 24 V.S.A. § 4472 do not preclude the Commission from seeking remedies for discrimination that do not require reopening the final zoning decision. The Court also determined that the Commission is not an "interested person" under the statute and is therefore not bound by the exclusivity-of-remedy provisions. The Supreme Court reversed the dismissal and remanded the case for further proceedings. View "Vermont Human Rights Commission v. Town of St. Johnsbury" on Justia Law
Martin v. Lyon
The case involves two sisters, Stacey Martin and Christine Lyon, who inherited their family residence as tenants in common after their father's death in 2019. Their mother lived on the property until her death in 2022, after which the sisters agreed to prepare the property for sale. They decided to restore the property, with Christine performing most of the labor. However, their relationship deteriorated, leading Stacey to file a complaint seeking partition of the property.The Superior Court, Windsor Unit, Civil Division, held a one-day bench trial and issued written findings. The court calculated the contributions each sister made towards the mortgage, taxes, insurance, utilities, and agreed-upon maintenance and improvements. It credited Christine for her labor but excluded her discretionary improvements due to lack of evidence of increased property value. The court concluded that Christine's share of the equity was $187,450 and ordered her to take assignment of the property by paying Stacey $92,550. If Christine chose not to take assignment, the property would be sold, and the proceeds divided.Christine appealed the denial of her request for prejudgment interest, arguing it should be awarded as of right under Vermont Rule of Civil Procedure 54(a) or as a matter of discretion. The Vermont Supreme Court reviewed the case de novo and affirmed the lower court's decision. The Supreme Court held that prejudgment interest is not available for partition awards, as partition is an equitable remedy, not an action for damages. The court concluded that the credits for Christine's contributions were part of the equitable distribution of the property and did not qualify as damages, thus not triggering prejudgment interest. View "Martin v. Lyon" on Justia Law
In re Ranney Dairy Farm, LLC
A property owner sought to subdivide a 161.6-acre property in Westminster, Vermont, to create two residential lots with frontage on Old Codding Road, a private road discontinued in 1893. The Westminster Development Review Board (DRB) granted the subdivision permit, finding that the applicant had made a "threshold showing" of the right to use Old Codding Road. Neighbors appealed, arguing that the applicant did not have a legal right-of-way over the road.The Environmental Division affirmed the DRB's decision, concluding that the applicant had made the necessary threshold showing of a right to use the road based on historical use by the applicant's predecessors and other neighbors without deeded rights-of-way. The court declined to fully evaluate whether the road was formally laid out before its discontinuance, citing a lack of jurisdiction to determine private property rights.The Vermont Supreme Court reviewed the case and found that the Environmental Division erred in requiring only a threshold showing and in holding that it lacked jurisdiction to determine the existence of an easement or right-of-way. The Supreme Court held that the Environmental Division has jurisdiction to decide whether the applicant has a permanent easement or right-of-way, as required by the Vermont Planning and Development Act and the Westminster Zoning Bylaws. The court emphasized that the burden of proof lies with the permit applicant to establish the necessary easement or right-of-way.The Vermont Supreme Court reversed the Environmental Division's decision and remanded the case for a determination of whether the applicant has an easement or right-of-way over Old Codding Road. The Environmental Division must now fully evaluate the evidence regarding the road's layout and the applicant's claimed right-of-way. View "In re Ranney Dairy Farm, LLC" on Justia Law