Vermont Case Commentaries

“Personally Served” in 15A V.S.A. § 3-403(a) Includes Service by Publication Under V.R.C.P. 4 When Due Diligence Is Shown

Date: Feb 22, 2026

“Personally Served” in 15A V.S.A. § 3-403(a) Includes Service by Publication Under V.R.C.P. 4 When Due Diligence Is Shown Introduction In re O.R.G. (B. R., Appellant) (2026 VT 6) addresses a...

Town Authority to Maintain “Public Right-of-Way” Trails Despite 1986 Title 19 Recodification

Date: Feb 22, 2026

Town Authority to Maintain “Public Right-of-Way” Trails Despite 1986 Title 19 Recodification 1. Introduction In John Echeverria and Carin Pratt v. Town of Tunbridge, 2026 VT 5 (Feb. 20, 2026), the...

Civil Contempt in Vermont: No Willfulness Requirement, Clear-Order Enforcement, and No Collateral Attack on an Injunction

Date: Feb 13, 2026

Civil Contempt in Vermont: No Willfulness Requirement, Clear-Order Enforcement, and No Collateral Attack on an Injunction Introduction In Chittenden Resorts, LLC dba Mountain Top Inn and Resorts et...

Unabated Parental Animosity and Interference as a “Real, Substantial, and Unanticipated” Change Justifying Modification of Parent-Child Contact (Without a Serious-Harm Finding Unless Contact Is Halted)

Date: Feb 13, 2026

Unabated Parental Animosity and Interference as a “Real, Substantial, and Unanticipated” Change Justifying Modification of Parent-Child Contact (Without a Serious-Harm Finding Unless Contact Is...

Text Message “I Will Not Continue to Make Myself Available” as a Voluntary Quit; Single Customer-Caused Shift Cancellation Not “Good Cause” for Unemployment Benefits

Date: Feb 13, 2026

Text Message “I Will Not Continue to Make Myself Available” as a Voluntary Quit; Single Customer-Caused Shift Cancellation Not “Good Cause” for Unemployment Benefits Introduction In Ellora Carr v....

Stagnation Can Be Found Despite Partial Case-Plan Compliance When Core Safety Conditions Remain Unresolved

Date: Feb 13, 2026

Stagnation Can Be Found Despite Partial Case-Plan Compliance When Core Safety Conditions Remain Unresolved Introduction In In re N.M. and H.M., Juveniles (B.M., Mother*) (Vt. Feb. 6, 2026) (entry...

Relocation-Driven Custody in an Initial Order and Mandatory Ruling on an Unwithdrawn Child Name-Change Request

Date: Feb 13, 2026

Relocation-Driven Custody in an Initial Order and Mandatory Ruling on an Unwithdrawn Child Name-Change Request Introduction In Jacob Johnson v. Kimberly Elmore (Vt. Feb. 6, 2026) (Entry Order), the...

Uncertain Relocation Plans and Discrete Allocation of Legal Parental Rights in Vermont PRR Orders

Date: Feb 13, 2026

Uncertain Relocation Plans and Discrete Allocation of Legal Parental Rights in Vermont PRR Orders Note on precedential status: The Opinion is an Entry Order issued by a three-justice panel and, as...

Rule 60(a) Allows Clarifying a Writ of Possession to Cover the Entire Parcel When a Property Has Multiple 911 Addresses

Date: Feb 7, 2026

Rule 60(a) Allows Clarifying a Writ of Possession to Cover the Entire Parcel When a Property Has Multiple 911 Addresses 1. Introduction Ballinallee Properties, LLC et al. v. Shawn Mateo (Vt. Sup. Ct....

Adverse Possession on Summary Judgment: Combined Acts Establish Openness, Later Permission Does Not Defeat Hostility, and Color of Title Supports Constructive Possession

Date: Feb 7, 2026

Adverse Possession on Summary Judgment: Combined Acts Establish Openness, Later Permission Does Not Defeat Hostility, and Color of Title Supports Constructive Possession Introduction In Deborah...

State v. Hosten: Reliability as a Due-Process Check on Relaxed Evidence Rules in 13 V.S.A. § 7553a No-Bail Hearings

Date: Feb 2, 2026

State v. Hosten: Reliability as a Due-Process Check on Relaxed Evidence Rules in 13 V.S.A. § 7553a No-Bail Hearings I. Introduction Case: State v. Ramone Hosten (Entry Order) Court: Supreme Court of...

Clerical Correction of a Hold-Without-Bail Order During a Pending Appeal: Intent Controls Under V.R.Cr.P. 36

Date: Feb 2, 2026

Clerical Correction of a Hold-Without-Bail Order During a Pending Appeal: Intent Controls Under V.R.Cr.P. 36 1. Introduction In State v. Michael Williams (Entry Order, 2025 VT 3, Jan. Term 2026), the...

Kirshon v. Abodeely-Mills (2026 VT 2): “Their Heirs and Assigns” Defeats an Unclear Joint-Tenancy Claim; Tenancy in Common Presumed

Date: Jan 27, 2026

“Their Heirs and Assigns” + Limited Joint-Tenancy Language Fails the Clear-Intent Standard: Vermont Presumes a Tenancy in Common 1. Introduction Tammy Kirshon et al. v. Angela Abodeely-Mills and...

Vermont “Necessity” for Municipal Stormwater Takings Requires Evidence of Statutory Due-Consideration—Including Alternatives—Without Deference to the Town

Date: Jan 27, 2026

Vermont “Necessity” for Municipal Stormwater Takings Requires Evidence of Statutory Due-Consideration—Including Alternatives—Without Deference to the Town I. Introduction In Mongeon Bay Properties,...

Directed Verdict Unavailable in Vermont TPR Proceedings; Broad Discretion to Reopen Evidence to Promote Timely Permanency

Date: Jan 10, 2026

Directed Verdict Unavailable in Vermont TPR Proceedings; Broad Discretion to Reopen Evidence to Promote Timely Permanency Commentary on In re A.K. and A.C., Juveniles (S.K., Father*), Vermont Supreme...

Harmless Service Defects and Narrow Appellate Review in Parenting-Communication Enforcement Orders (Talking Parents App)

Date: Jan 10, 2026

Harmless Service Defects and Narrow Appellate Review in Parenting-Communication Enforcement Orders (Talking Parents App) Introduction Samantha Freda v. Joshua Cunningham (Vt. Sup. Ct., Jan. 9, 2026)...

Concession Preserves § 656(d): Broad Discretion in Above-Guideline Child Support Without превращing Support into Maintenance

Date: Jan 10, 2026

Concession Preserves 15 V.S.A. § 656(d): Broad Discretion in Above-Guideline Child Support Without Converting Support into Maintenance Case: Russell Japikse v. Jenny Parker (Vt. Sup. Ct., Entry...

Child-Centered “Reasonable Time” Controls Termination Despite a Continuing Parent-Child Bond (In re H.B.)

Date: Jan 10, 2026

Child-Centered “Reasonable Time” Controls Termination Despite a Continuing Parent-Child Bond (In re H.B.) Introduction Case: In re H.B., Juvenile (A.B., Mother*), Vermont Supreme Court, Case No....

Mutual-Mistake Reformation of a “Shared Drive” Easement: Courts May Recast a Misdescribed Right-of-Way to Match Intent and Practical Use

Date: Jan 10, 2026

Mutual-Mistake Reformation of a “Shared Drive” Easement: Courts May Recast a Misdescribed Right-of-Way to Match Intent and Practical Use Nonprecedential posture: The Vermont Supreme Court issued this...

Maintenance Under 15 V.S.A. § 752(a) Requires Findings on Marital Standard of Living; Linked Property Division Must Be Revisited on Remand

Date: Jan 10, 2026

Maintenance Under 15 V.S.A. § 752(a) Requires Findings on Marital Standard of Living; Linked Property Division Must Be Revisited on Remand Introduction In Rayburn Reed v. Melissa Reed (Vt. Sup. Ct....

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