The Vermont Supreme Court at Work, 1993-2002

Lesbian Adoption: In re BLVB 160 VT 368 June 18, 1993

While conceding that the lower court was "technically correct" in declining to permit a lesbian to adopt her partner's child because the two were not married, the Court held that notwithstanding the statute, "the state's primary concern is to promote the welfare of children". The opinion noted that the Court was the first in the nation to rule favorably on lesbian adoption. (5-0; opinion by Johnson).

Motorcycle Helmets: Benning v. State 161 VT 472 January 28, 1994

The Court held that a motorcyclist had no right to cycle on public highways without a helmet, on the grounds that "our costs are linked to the actions of others and are driven up when others fail to take preventive steps that would minimize health care consumption", i.e., the state can prohibit any human activity that might increase anyone's health care bills. (5-0; opinion by Dooley.)

Legal Requirement Repealed: In Re Vermont Marble 162 VT 355 June 10, 1994

The Court held that notwithstanding the Legislature's act to require the Secretary of Natural Resources to sign a water quality certificate, it was acceptable for the Commissioner of Environmental Conservation to sign it instead. (5-0; opinion by Dooley.)

Overturning Murder Verdict: State v. Duranleau 163 VT 8 September 30, 1994

Rebecca Duranleau was convicted of inciting her lover to murder her estranged husband. The jury believed that she had made an appointment to meet her husband at a bar and then lured him out to the parking lot, where he was killed from behind by an assailant. The trial record showed that Duranleau had demanded that her lover "prove himself" and arranged the fatal meeting to afford the opportunity. The Court reversed and directed an acquittal verdict, on the grounds that Duranleau had not explicitly told her lover that he "had to kill" the husband. (5-0; opinion by Allen.)

Driveway as "Public Highway": State v. Eckhardt 165 VT 606 August 27, 1996

The Court upheld a conviction of a citizen for driving while intoxicated in his own driveway, on the grounds that the driveway was a "public highway", and other citizens, not being barred from the driveway, might suffer injury. The statutory definition of a highway, which the Court consigned to a footnote, includes "all parts of any.. roadway ..open temporarily or permanently to public or general circulation of vehicles." (3-2; unsigned. Affirmed by Allen, Dooley and Morse; dissent by Johnson and Gibson.).

Manufacturer's Liability: Webb v. Navistar 166 VT 119 December 20, 1996

In this case a sharply divided Court, unable to agree on a standard of liability applicable to a tractor accident in which the manufacturer was clearly not at fault, sent the case back to superior court for a new trial without stating any standard for comparative causation. The Court held that a deep pocket manufacturer could be held liable even when the accident was principally caused by a subsequent customer's faulty operation (failure to maintain road lights and keep reflector triangle visible to car approaching from the rear.) (3-2; opinion by Dooley, joined by Morse and Peck; dissent by Johnson and Gibson.)

Educational Finance Law Overturned: Brigham v. State 166 VT 246 February 5, 1997

The Court, on interlocutory appeal and without a trial, invalidated the state's system of educational finance. The Court identified a provision in the 1786 Constitution that "a competent number of schools ought to be maintained in each town..." as creating an enforceable individual right to the availability of a "substantially equal opportunity to have access to similar educational revenues." (5-0; unsigned.)

Personal Responsibility Overturned: Spencer v. Killington 167 VT 137 March 14, 1997

The Court reversed a superior court decision throwing out a damage suit by a skier who, after signing a release releasing the ski area from liability, injured himself in a special limited-entry "Ski Bum" competition. (3-2; unsigned; dissent by Allen and Dooley.)

Land Titles Invalidated: Bianchi v. Lorenz 165 VT 555 July 11, 1997

Without statutory support, the Court held that a seller's failure to present evidence of all required local permits (certificate of occupancy, zoning permits, etc.) constituted an encumbrance of title and thus a violation of the seller's warranty covenant. This was so, the Court said, even if towns failed to maintain records of permits issued. This decision created an enormous disruption of real estate and title transactions. It was partly overruled by subsequent legislation. (5-0. Opinion by Dooley; Allen and Johnson concurred in the result on different grounds.)

Liability for Bizarre Accident: Baisley v. Missisquoi Cemetery Association 167 VT 473 January 23, 1998

The Court held that a cemetery association was liable for damages in the death of a 5 year old boy because it ought to have known that a boy could enter the cemetery, climb a tree, and fall onto the cemetery's spiked fence. (4-1; opinion by Dooley, dissent by Johnson).

Prolonged Punishment of Lawyer: In re Illuzzi July 28, 1998

As of February 9, 1998 attorney Vincent Illuzzi had completed all requirements for reinstatement of his license to practice law following an 18-month suspension, including successful completion of an ethics course and support from other lawyers and judges. In violation of its own rules, and in an apparent effort to prevent Illuzzi from returning to practice for as long as possible, the Court refused to sign the two sentence reinstatement order until July 28.

Police Video Pot Bust: State v. Costin 168 VT 175 July 31, 1998 

The Court held that a Ferrisburg landowner could be prosecuted for marijuana growing, on the evidence obtained by a warrantless installation of a police video camera on his unposted property, which the Court deemed to be the equivalent of a public place. (3-2. Opinion by Dooley; dissent by Johnson and Morse.)

Child Support Enforced Against Non-Father: St. Hilaire v. DeBlois 168 VT 445

October 30, 1998

The Court held that a putative father could not recover $15,000 in child support from his ex-wife, upon learning from DNA testing and her admission that the children in question were not his. The Court said that Family Court had no authority to order repayment of past child support payments, even if fraudulently obtained, and that St. Hilaire should have raised his doubts about his paternity in the initial divorce proceedings. (5-0)

Gay and Lesbian Marriage Benefits: Baker V. State 170 VT 194 December 20, 1999

The Court held that the "common benefits" clause of the Constitution (Chapter I, Art. 7), originally written to prevent a small group of people from using the government to their personal profit, required that same-sex couples enjoy all the benefits of marriage. The Court ordered the legislature to either adopt a bill allowing gay marriage, or a bill giving gays "domestic partnership" benefits equivalent to marriage. The Court retained jurisdiction of the case and stated that the failure of the legislature to act on the Court's mandate could lead to further Court action, i.e., declaring that gays have a right to marry. (5-0; opinion by Amestoy). Justice Johnson, (concurring) went further, insisting that the Court declare gay marriage rights immediately as a remedy for sex discrimination.

Employer Liability for Recreational Accident: Grather v. The Gables Inn 170 VT 377 February 18, 2000

Joseph Grather was a "ski bum" who lived and worked at an Inn in Stowe. Part of his compensation was a free mid-week ski pass at Mt. Mansfield. Using the pass in his spare time, Grather skied into a tree and was injured. Grather applied for workers' compensation, but his claim was denied by the Department of Labor and Industry.

The Court overruled the Department's findings of fact and held that the opportunity for Grather to ski recreationally in his spare time was a substantial benefit to his employer, the Inn. (3-2; opinion by Dooley.) 

Chief Justice Amestoy (a former Commissioner of Labor and Industry) and Justice Skoglund dissented on the ground that "even a liberal reading of the act's purpose cannot transform a recreational ski injury into an injury arising in the course of employment."

Statutory Definition Repealed to Achieve Court’s Desired Result. Northgate Housing Ltd. v. Kirkland. No. 2002-152 (unreported) November 27, 2002 

Prior to 2000, Vermont statutes defined the required notice by a landlord to a defaulting tenant as certified mail or personal service by a law enforcement officer. In Act 115 of 2000 the legislature, after lengthy hearings and debate, amended the statute to require only "a written notice hand delivered or mailed to the last known address".

Maxine Kirkland rented an apartment from Northgate. Contrary to the lease agreement, she failed to put the gas and electricity accounts in her name, and fell behind on her rent. In late 2001, after delivering notice to Kirkland by mail and by slipping the notice under her door, Northgate brought eviction proceedings. The Superior Court ruled against Northgate on the grounds that it had produced no evidence that Kirkland had actually received the notices announcing breach of contract and eviction.

On appeal, the Supreme Court decided that regardless of how the legislature defined the required notice in Act 115, its correct meaning is that given in Black’s Law Dictionary of 1999, which like the superseded Vermont statute requires evidence of receipt. Because Northgate could not prove that Kirkland received its many notices (including one by certified mail which Kirkland refused to accept from the postal carrier), the Court stopped Northgate from continuing its eviction proceeding. (3-0 – expedited procedure. Dooley, Amestoy, Morse.)