¶ 1. In this case, we consider whether applicant Richard L. Bitter, Jr. has demonstrated the necessary good moral character and fitness for admission to the Vermont Bar. We conclude that applicant has failed to do so and deny him admission to the bar... ¶ 2. According to Vermont's Rules of Admission to the Bar, an applicant must "possess good moral character and fitness." V.R.A.B. § 11(a). "The purpose of requiring an applicant to possess present good moral character...  

¶ 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorney's fees and prejudgment interest as an addition to an arbitrator's award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial court's modification of the arbitrator's decision was not done in compliance with 12 V.S.A. § 5678(b); (2) the court abused its discretion in...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. This is an appeal from the decision of the superior court granting injunctive relief to appellee David Balch, ordering appellant Susan Alberino to remove a fence she constructed between their properties. We affirm... ¶ 2. Alberino and Balch have been feuding for over a decade about, among other things, Alberino's dogs, which have at times barked loudly enough to bother Balch, and have trespassed on Balch's land....  

¶ 1. After a jury trial in Lamoille District Court, defendant was convicted on a third offense of driving under the influence of alcohol (DUI), giving false information to a police officer, and attempted simple assault. On appeal, defendant argues: (1) the court's decision to play a videotape of defendant invoking his right to silence violated the Fifth Amendment to the Federal Constitution, Article 10 of the Vermont Constitution, and related statutory rights; (2) the court erred in...  

¶ 1. The City of Burlington appeals the trial court's summary judgment order granting Delta Psi Fraternity tax-exempt status on its uninhabited residential property. The City contends that the trial court erred as a matter of law in ruling that the tax exemption is based solely on the building's ownership and not its use. We reverse... ¶ 2. The relevant facts are uncontroverted. Organized in 1850 and incorporated in 1884 "for the purpose of promoting useful knowledge, [and]...  

Taxpayer TD Banknorth, N.A., appeals the determination of the superior court affirming the Commissioner of Taxes' assessment of bank franchise taxes, interest, and penalties against taxpayer for the 2000 and 2001 tax years. In 2000, taxpayer established three holding companies to manage some of the assets of its Vermont banks and to take advantage of favorable tax status for these entities. The superior court agreed with the Commissioner of Taxes that these holding companies were, essentially,...  

Plaintiff Dawn Griffis, a certified nurse practitioner, appeals from the superior court's judgment in favor of her former employer, defendant Cedar Hill Health Care Corporation (Cedar Hill). In that order, the superior court concluded that plaintiff had failed to meet her burden of proving that her termination was (1) causally related to activities protected by Vermont's Whistleblower Act, and (2) that the other reasons given for her termination were pretextual. We affirm... ¶ 2. After a...  

For the second time, we consider the suit of wife, Joan Endres, against her former husband, Kevin Endres, for negligent transmission of a sexually transmitted disease (STD). See Endres v. Endres, 2006 VT 108, 180 Vt. 640, 912 A.2d 975 (affirming dismissal of wife's claims for battery and intentional inflection of emotional distress and reversing dismissal of negligence claim). Wife's suit alleges that, while they were married, husband negligently infected her with Human Papillomavirus (HPV)....  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant James Morris appeals from an order of the district court denying bail. Defendant is charged with two counts of lewd and lascivious conduct and one count of sexual assault. 13 V.S.A. §§ 2601, 3252(a)(1)... ¶ 2. The maximum sentence for sexual assault under the circumstances alleged is life imprisonment. 13 V.S.A. §§ 3252(f)(1), 3271(a)(2), (b). As such, defendant may be held without...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant Kenneth Bertrand appeals from an order of the district court denying bail. Defendant is charged with one count of lewd and lascivious conduct and one count of sexual assault. 13 V.S.A. §§ 2601, 3252(a)(1)... ¶ 2. The maximum sentence for sexual assault under the circumstances alleged is life imprisonment. 13 V.S.A. §§ 3252(f)(1), 3271(a)(2), (b). Thus, defendant may be held without...  

¶ 1. This appeal arises out of an ongoing land dispute among members of the Weed family. Jane Weed appeals the trial court's rulings as to two intra-family land transfers involving Jane, her mother Leah, her brother James and sister-in-law Cynthia, and their children. We reverse... ¶ 2. The following facts were found by the superior court or are uncontroverted. In 1916, the Weed family acquired two contiguous parcels of land—a 103.4-acre tract in Enosburg, Vermont and a...  

¶ 1. In this appeal, defendant argues that the trial court abused its discretion when it misapplied the law and ruled that statements made during the course of plea negotiations were admissible for impeachment purposes should he testify at trial. We agree that the ruling was error under Vermont Rule of Criminal Procedure 11 and Vermont Rule of Evidence 410. Defendant also claims that the trial court's ruling violated his privilege against self-incrimination and his rights to testify and to...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant appeals from an August 12, 2008 ruling of the district court denying his motion to review the court's July 18, 2008 order that he be held without bail. Defendant contends that, given the district court's findings, there is no lawful justification for his being held without bail. We agree, and reverse... ¶ 2. The facts and procedural history of this case are as follows. On the evening of June 4, 2007,...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant, AHA Water Cooperative, Inc. (AHA), appeals orders of the Franklin Superior Court, granting summary judgment to plaintiff, 171234 Canada Inc. (Canada Inc.) and denying a related motion for intervention. On appeal, AHA argues that the court erred in: (1) granting summary judgment to Canada Inc. on the basis of a theory not raised by either party in the pleadings; (2) denying a motion to dismiss for lack of...  

Property owner JAM Golf, LLC (applicant) appeals the Environmental Court's denial of a permit for a proposed ten-lot subdivision in South Burlington. Applicant raises four issues on appeal, claiming the court erred by: (1) admitting expert testimony concerning wildlife corridors; (2) concluding that the project did not protect wildlife habitat or scenic views; (3) finding that the project did not conform to the city plan; and (4) denying the project a permit, rather than remanding the case to...  

Borrower, R&G Properties, Inc. (borrower), appeals an order of the superior court, granting summary judgment to lenders—Column Financial, Inc. (Column), Wells Fargo Bank, Minnesota (Wells Fargo), and GMAC Commercial Mortgage Corp. (GMAC)—as to all of borrower's claims. On appeal, borrower argues that the court erred in concluding that the security agreement and mortgage on five of its mobile home parks did not create an unenforceable restraint on alienation. Borrower also argues...  

Mother appeals from a family court order denying her request to recognize a Canadian child-custody judgment and to relieve her of an earlier contempt adjudication. We hold that the trial court erred in declining to recognize the foreign judgment, and that the contempt order has since become moot. Accordingly, we reverse... ¶ 2. Like many multi-jurisdictional custody disputes, this appeal arrives with a long and tangled factual and procedural history. The parties lived together in Vermont...  

¶ 1. Defendant appeals his convictions for possession of cocaine and marijuana. On appeal, defendant claims that the trial court erred in denying his motion to suppress statements and evidence seized from his person and his vehicle because: (1) defendant's consent to search his person was not given voluntarily; (2) defendant's Miranda rights were violated; and (3) police seized defendant's automobile for an unreasonable period of time. Defendant also appeals the court's denial of his...  

ENTRY ORDER... In the above-entitled cause, the Clerk will enter:... ¶ 1. Defendant appeals a jury conviction of driving with a suspended license (DLS) and the district court's resulting restitution order. On appeal, defendant contends that: (1) the evidence does not support his conviction; and (2) the court's restitution order is improper because his conviction of DLS did not cause the accident and resulting damage, and because the court failed to make findings concerning defendant's...  

¶ 1. Defendant appeals the denial of his motion to suppress evidence that ultimately led to defendant's DUI processing. On February 24, 2006, a state trooper stopped to render roadside assistance to defendant, who was some fifty miles off course. After smelling alcohol and having difficulty understanding defendant when he spoke, the trooper administered a preliminary breath test (PBT) and conducted field-sobriety exercises in order to determine whether defendant was driving under the...