By Andy DelaneyThree decisions this past week. First we have a decision about a wastewater permit. Vermont follows a first-in-time approach to wastewater permitting, which means in a practical sense that if a wastewater system encroaches in some way on
SCOV Law
SCOV Law is a blog published by SCOV Law that focuses on legal developments and case law from the Supreme Court of Vermont. It covers a range of topics including administrative law, property law, environmental law, public utility regulation, constitutional law, family law, and litigation practice. The blog provides summaries and analysis of Vermont Supreme Court decisions, often discussing procedural issues such as mootness, jurisdiction, and agency deference. It also addresses specific legal controversies like emergency housing eligibility, renewable energy project regulation, abusive litigation sanctions, bail considerations in criminal law, cannabis licensing, and environmental concerns such as invasive species control. The blog combines legal analysis with commentary on Vermont law and policy.
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June 7, 2024: A SCOV Divided
By Andy DelaneyThree lengthy decisions this week, not one unanimous. First, we deal with what constitutes “protected activity” under Vermont’s State Employee Whistleblower Act. In a nutshell, plaintiff was fired from his position as superintendent of Southern State Correctional Facility…
May 24, 2024: Rights Responsibilities and Runoff
I have no idea if this is accurate but it seems to fitBy Andy DelaneyNo opinions issued on May 17, 2024. On Friday, May 24, SCOV issued two. First, we deal with an appeal from a parental-rights and responsibilities (PR&R) order.…
Two Tales on Timing from the Tenth
By Andy Delaney“Tales” might be overstating a bit. But we’re going with it. First, SCOV answers the question of whether a CHINS merits adjudication in a juvenile case when the child is returned to the parents’ custody at disposition, without…
May the Fourth be with You
By Andy DelaneyDid you expect any different title on this day of all days?Anyway, I’ve been a little busy the past few weeks so we’re going to go quickly here. On April 19, SCOV issued an opinion dealing with concurrent…
April 12, 2024: A Little Land Use
By Andy DelaneyOther than what’s rubbed off from being a member of planning commissions for the past fifteen years or so, I spend little time in the land-use arena. I note this because both SCOV decisions issued on April…
March 27th’s Entry Order and Some Ramblings on Responsibility
By Andy DelaneyI’ve written before about my beliefs on professional responsibility. My view on these matters is no secret. I believe that if you find yourself in hot water with the professional-responsibility program, the best approach is to take…
The No-Contact "Rule": March 22, 2024
As conditions require, so to speakBy Andy DelaneyThis week’s opinions deal with criminal conditions of release and the tort known as negligent infliction of emotional distress. On Thursday, March 21, SCOV issued a published entry order concerning a trial-court decision…
What’s the "use"? March 8, 2024
Don’t deposit the check!By Andy DelaneyThis week’s opinion explores whether depositing a check for a partial payment constitutes “acceptance and use” of payment for purposes of barring a challenge to necessity of the taking or the public purpose of a…
FEMA Means "February-March"
By Andy Delaney
On February 26, 2024, SCOV issues a published Entry Order on a hold-without-bail case. This one is a little different because the State is appealing the trial court’s decision to let someone out on bail. Defendant
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