SCOVT affirms summary judgment that Town has authority to maintain and repair public trails to ensure the public's access, holding this authority is implied from the definition of a trail as a public right-of-way.

 

1.    Public Trails.

       Echeverria v. Town of Tunbridge, 2026 VT 5 [2/20/2026]

SCOVT affirms ruling that town failed to prove “necessity” under the condemnation statute, holding that necessity is “a question of fact which is to be determined exclusively by the trial court,” and that the record supports the finding that the town did not meet its burden to prove necessity.

 

1.    Condemnation. Factual findings.

     Mongeon Bay Properties, LLC v. Town of Colchester, 2026 VT 1 [1/23/2026]

SCOVT affirms dismissal of declaratory judgment action for lack of jurisdiction because the claim seeking determination of applicability of short-term rental ordinance is not ripe.

 

1.    Jurisdiction. Declaratory Judgment; Ripeness. 

       32 Intervale, LLC v. City of Burlington, 2026 VT 9 [4/10/2026]

SCOVT affirms, as supported by the evidence, family division denial of petition to terminate parental rights and separate civil division dismissal of appeal from family division adoption ruling, holding civil division lacked appellate jurisdiction of adoption proceeding that was transferred from probate to family division and consolidated with the preexisting divorce action pursuant to 15A V.S.A. § 3-207

 

1.    Jurisdiction; Appeals from adoptions transferred to  Family Division. 

          In re K.P. , 2026 VT 4 [2/20/2026]

SCOVT affirms interlocutory ruling that probate division has jurisdiction to require reimbursement of an estate for losses resulting from malfeasance of a financial guardian

 

1.    Probate Jurisdiction.

       In re Thomas, 2026 VT 12 [4/24/2026]

SCOVT reverses probate court dismissal of adoption petition for lack of service on parents, holding service by publication is “personal service” within meaning of 15A V.S.A. § 3-403(a), based the former caption of V.R.C.P. 4(d).

    

1.    Procedure. “Personal Service” can include Service by Publication.  

      In re O.R.G., 2026 VT 6 [2/20/2026]

SCOVT reverses trial court denial without reasons of beneficiary’s request to amend complaint to seek removal of trustee, but affirms denial of request for information, holding beneficiary has no right to information about a revocable trust even though the settlor is incapacitated.

 

1.    Procedure. Amending Pleadings. Trusts.   

     In re Trust of Marsha Milot, 2026 VT 7 [3/6/2026] 

SCOVT reverses ruling that deed created a joint tenancy with right of survivorship, holding that deed created a tenancy in common because it did not evince the clear intent to convey a joint tenancy

 

1.    Conveyancing; Joint Tenancy. 

      Kirshon v. Abodeely-Mill. 2026 VT 2 [1/23/2026]

Divided Court denies motion to dismiss appeal from administrative agency, holding that tolling provision of Appellate Rule 4(b) is triggered by post-judgment motions that are “substantively indistinguishable” from a Rule 59 motion.

 

1.    Procedure. Administrative Appeals. 

     In re  VT Real Estate Holdings 1 LLC, 2026 VT 13 [4/17/2026]

Divided Court affirms denial of motion to suppress breath test, holding no violation of statutory right to consult counsel where officer provided materially false information to on-call attorney – declining to overrule State v. Fredette, 167 Vt. 586 (1997) (mem.) )

 Stare Decisis. Breath Test. 

State v. Eaton, 2026 VT 14 [4/24/2026]

SCOVT reverses and remands criminal conviction, holding that jury charge defining “beyond a reasonable doubt” as “great certainty” is plain error under federal standards, overruling State v. Levitt, 2016 VT 60

 

1.    Plain Error. Stare Decisis

      State v. Kolts, 2026 VT 10 [4/10/2026]