Browsing: Selected VLCT News Articles
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A residential property owner proposes to install a small-scale wind turbine. What authority does the town have to regulate this facility?The attraction of sustainable renewable energy generation is fueling interest in siting small-scale wind turbines in Vermont. Vermont law places substantial limits on municipal authority to regulate wind power generation facilities. |
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Abatement and Tax SalesIf a taxpayer requests abatement upon receipt of the notice of tax sale, is the town required to call off the scheduled tax sale? |
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Absentee VotingHow many days before town meeting may a person vote by absentee ballot? |
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Abstentions do not count with MajorityThe Vermont Supreme Court has issued its decision about how abstentions are counted in votes of local boards. |
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Act 250 Can Limit Truck TrafficFinally, there is a Vermont Supreme Court decision that may be of interest to municipalities wrestling with truck traffic. |
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Act 60Education funding is an issue that refuses to put itself to bed in Vermont, as in many other states. The monster has reared its head again in another lawsuit entitled Brigham v. State, 2005 VT 105 (September 12, 2005) (“Brigham II”). |
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Act 60 Appraisal MoneyWhat can, or should, we do with the $6.00 per parcel that is coming from the state under Act 60 for reappraisal of property? |
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ADA Allows Employers to Refuse to Hire Disabled Employee if Job Threatens Employee's HealthIn another of a series of U.S. Supreme Court decisions favorable to employers, the Court upheld the validity of an Americans With Disabilities Act (ADA) regulation that permits employers to screen out a disabled worker if the job adversely affects his or her own health or safety. |
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Additional action by Administrative Officer after board approvalIs the administrative officer required to take any additional action after an applicant receives an approval from an appropriate municipal panel? |
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Adequate Delinquent Tax Payer NoticeUnited States Supreme Court Addresses Due Process and Tax Sale Notice |
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Adjusting the Delinquent Tax PenaltyCan the collector of delinquent taxes enter into an agreement with the taxpayer to accept less than – or to completely waive - the 8% penalty fee? |
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Admission of Evidence, and Knock and AnnounceTwo recent court decisions may impact how Vermont law enforcement officers conduct searches pursuant to court-issued search warrants. |
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Adopting Zoning Bylaws, Amendments, and Repeals by Australian BallotCan a non-“rural town” adopt zoning bylaws, amendments and repeals by Australian ballot? |
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Adverse employment action + Damage to employee’s reputation (can) = Liability for municipal employersThe Vermont Supreme Court has held that if a former government employee has experienced the stigma of defamatory statements made by an employer in the context of an adverse employment action, the former employee may sue the employer for due process violations if not afforded an adequate “name-clearing” hearing. Herrera v. Union 39 School District, 2009 VT 35. |
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Advisory ArticlesHow much legal discretion does a selectboard have when it receives a petition to include an article on the warning for town meeting for an advisory vote on an issue not directly related to town business, like the war in Iraq or universal health care? |
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Advisory Articles and Selectboard's DiscretionVermont Supreme Court affirms that local legislative bodies have significant discretion to determine which, if any, advisory articles will be included in the warning for a special or annual town meeting. |
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Advisory Town Meeting ArticlesSuperior Court Upholds Right To Decline Advisory Town Meeting Article |
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Agricultural Exemptions from ZoningA landowner in town wants to build a horse barn for the purpose of operating a riding stable. Can the town require the landowner to obtain zoning permits for the barn and commercial activity? |
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Altering Selectboard Minutes Before They Are ApprovedCan a citizen compel the selectboard to alter its minutes before approving them? |
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Americans with Disabilities Act & ZoningOur Zoning Board of Adjustment (ZBA) received a request for a variance to construct a handicapped entrance ramp that does not meet our town’s set-back requirements. Does the Americans with Disabilities Act of 1990 (ADA) require that the ZBA grant the variance regardless of whether the project meets Vermont’s variance criteria? Does the ADA exempt a person with a disability from even having to apply to construct a handicap accessible structure under local zoning bylaws? |
