In re Bill

6 Citing cases

  1. Benson v. Hodgdon

    2010 Vt. 11 (Vt. 2010)   Cited 14 times
    Holding trial court is in unique position to assess witness credibility and weight of evidence

    See, e.g., In re Bill, 168 Vt. 439, 442, 724 A.2d 444, 446 (1998) (when laying out or discontinuing highway selectboard must "substantially comply" with statutory procedure "or the proceedings will be void"). ¶ 12. Determining the weight afforded evidence is properly the role of the trial court.

  2. In re Town Highway No. 20

    2003 Vt. 76 (Vt. 2003)   Cited 5 times

    When purporting to discontinue or reclassify a highway, a town must substantially comply with the statutory method for discontinuance or the resultant change will be void. In re Bill, 168 Vt. 439, 442, 724 A.2d 444, 446 (1998). We presume actions taken by a selectboard within the scope of its duties to be in accordance with statutory requirements.

  3. Austin v. Town of Middlesex

    186 Vt. 629 (Vt. 2009)   Cited 6 times
    In Austin, the Court reasoned that the 1797 Act "referred to 'laying out' [a] road as a formal act by the selectboard," pointing to a selectboard's power" 'to lay out new highways.'"

    In re Mattison, 120 Vt. 459, 462, 144 A.2d 778, 780 (1958) (citing Town of Barton v. Town of Sutton, 93 Vt. 102, 103, 106 A. 583, 584 (1919)); see In re Town Highway No. 20 of Town of Georgia, 2003 VT 76, ¶¶ 6-7, 175 Vt. 626, 834 A.2d 17 (mem.); In re Bill, 168 Vt. 439, 442, 724 A.2d 444, 446 (1998). When interpreting any law, this Court begins by examining the plain language of the statute in order to give effect to the legislative intent.

  4. In re Doolittle Mountain Lots

    182 Vt. 617 (Vt. 2007)   Cited 2 times

    Petitioner can obtain a remedy by declaratory action in the superior court. See In re Bill, 168 Vt. 439, 724 A.2d 444 (1998). That forum can resolve all the rights and interests of the interested parties, including the Town. Additionally, we note that the Board has no special expertise regarding the issue that petitioner seeks to have it resolve.

  5. McAdams v. Town of Barnard

    2007 Vt. 61 (Vt. 2007)   Cited 10 times
    Noting that the "conundrum of known unknown roads brings to mind one of former Secretary of Defense Donald Rumsfeld's famous existential musings: ‘As we know, there are known knowns. There are things we know we know. We also know there are known unknowns. That is to say we know there are some things we do not know. But there are also unknown unknowns, the ones we don't know we don't know’ " (quotation simplified)

    19 V.S.A. § 709. Failure to comply with these procedures will render any purported discontinuance void. In re Bill, 168 Vt. 439, 442-45, 724 A.2d 444, 446-48 (1998) (finding road was not discontinued when selectboard failed to comply with then-applicable procedure for discontinuance); Capital Candy Co. v. Savard, 135 Vt. 14, 16-17, 369 A.2d 1363, 1365-66 (1976) (holding that mere abandonment does not constitute discontinuance because statutory procedure for discontinuance has not been followed). While the Town is correct that a selectboard must follow statutory procedures to validly discontinue a road, this does not preclude adjudication of the issue of whether there are any existing public roads on a property.

  6. In re Kisiel

    172 Vt. 124 (Vt. 2000)   Cited 5 times
    Urging the Environmental Board to give deference to a town's own interpretation of its town plan when applying Act 250

    See, e.g., In re Bill, 168 Vt. 439, 442, 724 A.2d 444, 446 (1998) ("The parties agree that the present-day legal status of the disputed highway segment turns on the validity and legal effect of the 1926 selectboards's purported discontinuation of the highway"); Pillsbury v. Town of Wheelock, 130 Vt. 242, 244, 290 A.2d 42, 44 (1972) ("It appears that the land crossed by the trail and now restored to public highway status may be still subject to an annual lease payment to Dartmouth College."). Other language in the plan supports this argument.