By Andy DelaneyWell, I take last week off, thinking SCOV won’t issue anything on the 30th: it’s a holiday weekend. So, yeah. Guess, I’d better not start any psychic hotlines. Five opinions this immediate past week and two the week before that, which means seven super-short summaries. You could call this the “Delaney-running-with-scissors” version of
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Bail and Discretion: August 14, 2024
Not much funny hereBy Andy Delaney Only one decision this week. It issued on the 14th and is an entry order on a hold-without-bail order, or as we sometimes call it here, a HWOB order. Defendant was busting into his ex’s and her boyfriend’s place, when they called the police (because they saw defendant on their…
Equivalents and Abandonments: August 9, 2024
By Andy DelaneyTwo opinions this week. First up, we take a brief foray into clinical-mental-health licensing and how the Board of Allied Mental Health Practitioners deals with coursework that doesn’t meet its requirements at first blush. Ms. McNamer applied for a counseling license. Because she did not have a degree from an accredited school, she needed…
August 2, 2024 (With a July 23 EO): Five on Friday
This has to be one of my favorite I-am-not-impressed photos everBy Andy DelaneyThis week, SCOV cranked out five opinions and posted an entry order from a week and a half ago. As far as published opinions go, this week might be the busiest of the year thus far. It could be that the summer…
July 26, 2024: Work and School
By Andy Delaney Two opinions this Friday: one about workplace-safety violations and one about negligent unauthorized vaccine administration at school. We’ll start with the workplace-safety case. A now-former employee called in some violations at a job site. A Vermont Occupational Safety & Health Administration (VOSHA) inspector came to the job site, interviewed a supervisor, inspected the…
Three Things about Workers’ Compensation: July 19, 2024
What do the lines mean anyway?By Andy DelaneyThree things from this week’s decision on workers’ compensation in Vermont: (1) coverage is broad; (2) it’s remedial in nature; and-or-but (3) coverage is not without limits. As will happen often enough in Vermont, Mr. Burnett worked on both sides of “the river.” He was hired in New…
A Fast Friday
By Andy DelaneyI have a lot of things to do today, so you’re going to get an even-more-abbreviated-version-than-usual post this week. Adding to my laziness brevity this week is that this is a conditional use permit and that’s not something I’m particularly conversant in. Short version: Burton wants to convert a big ol’ building it…
Friday the Fifth’s Finances for Facilities
By Andy DelaneyHonestly, I expected SCOV to take Friday off this week, due to Independence Day and all. And for all I really know, SCOV did, but two opinions issued on Friday the 5th anyway. First up, we have a decision dealing with the Green Mountain Care Board (GMCB) and two hospital systems appealing GMCB’s…
June 14, 2024: Wastewater, Work, and Wee Ones
By Andy DelaneyThree decisions this past week. First we have a decision about a wastewater permit. Vermont follows a first-in-time approach to wastewater permitting, which means in a practical sense that if a wastewater system encroaches in some way on a neighboring property, it might still be allowed so long as it’s not interfering with…
June 7, 2024: A SCOV Divided
By Andy DelaneyThree lengthy decisions this week, not one unanimous. First, we deal with what constitutes “protected activity” under Vermont’s State Employee Whistleblower Act. In a nutshell, plaintiff was fired from his position as superintendent of Southern State Correctional Facility (SSCF) for misconduct after he reported a situation where the State would miss significant savings…