Representative Appellate Cases

Old Railroad Bed, LLC v. Marcus, 2014 VT 23 (rejecting property rights claims of neighbors who sought to block conversion of an abandoned railroad right of way into a public recreational trail). Rob's brief is here.

In re HS-122, 2011 VT 138 (reversing Superior Court, rejecting Tax Department's and Attorney General's interpretation of statute, and holding that information about household income held in town offices cannot be disclosed to public). Rob's brief is here (pdf). The law later passed by the Vermont legislature to protect public officials from prosecution for following the erroneous advice of the Tax Department and the Attorney General is here (pdf).

In re Tyler Self-Storage Unit Permits, 2011 VT 66 (reversing Environmental Court's interpretation of zoning ordinance, and prohibiting construction of self-storage units near historic village center). Rob's briefs are here (pdf).

In re Hamm Mine Act 250 Jurisdiction, 2009 VT 88 (affirming regulatory authority over adverse environmental effects of former talc mine after expiration of mining permit). Rob's brief here (pdf).

Eastern Equipment and Services Corp. v. Factory Point National Bank, 236 F.3d 117 (2d Cir. 2001) (affirming U.S. District Court's rejection of tort claims alleged to arise out of violation of bankruptcy stay).

Appeal of Stratton Corp., 157 Vt. 436, 600 A.2d 297 (1991) (affirming upgrade of environmental standards for surface waters in ski area, and rejecting constitutional challenge to regulatory reclassification).

In Re Killington, Ltd., 159 Vt. 206, 616 A.2d 241 (1992) (affirming rejection of ski area's development proposal that would have destroyed critical habitat for black bears).

Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1991) (overruling 1943 Supreme Court decision which had held that land use regulation justified solely on aesthetic considerations was unconstitutional.)

In Re Green Peak Estates, Inc., 154 Vt. 363, 577 A.2d 676 (1986) (affirming ban on residential development above elevation of 2500 feet based on provisions of regional plan).

In re Nehemiah, 168 Vt. 288, 719 A.2d. 34 (1998) (affirming Environmental Board’s standards for amending land-use permits, and rejecting proposed development of conservation land).

Paradise Restaurant v. Somerset Enterprises, Inc., 164 Vt. 405, 671 A.2d 1258 (1996) (reversing trial court’s construction of a contract).

Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992) (reversing trial court’s grant of permit in appeal from zoning board of adjustment).

State v. Davey Oil Co., 146 Vt. 632, 508 A.2d 717 (1986) (reversing Tax Department’s interpretation of tax statute).