Roy v. Town of Barnet, 522 A.2d 225 (Vt. 1986). · Go Syfert
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Roy v. Town of Barnet, 522 A.2d 225 (Vt. 1986). Cases Citing This Book View Copy Cite
“although we may be able to determine what was decided, we are unable to conclude how the arrived at its decision.”
29 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: In Re United Auto Workers, Local 2322 (University of Vermont, Appellant) (vt, 2025-02-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (quoted) In Re United Auto Workers, Local 2322 (University of Vermont, Appellant)
Vt. · 2025 · quote attribution · 1 verbatim quote · confidence low
although we may be able to determine what was decided, we are unable to conclude how the arrived at its decision.
discussed Cited as authority (rule) Christian Fellowship & Renewal Center v. Town of Limington
Me. · 2001 · confidence medium
See Newsweek Magazine v. Dist. of Columbia Comm’n on Human Rights, 376 A.2d 777, 784 (D.C.1977); Roy v. Town of Barnet, 147 Vt. 551 , 522 A.2d 225, 226 (1986). [¶ 8] The only portions of the findings which could be considered factual findings are statements that (1) the Center owns ninety-one acres of land in Liming-ton; (2) Limington was advised by the State of Maine Bureau of Property Taxation that the Center did not qualify for exemption as a charitable and benevolent organization but that a portion of the property used for religious purposes did qualify; and (3) Limington followed the S…
discussed Cited as authority (rule) Woolen Mill Associates v. City of Winooski
Vt. · 1994 · confidence medium
The Board “sifted through the evidence,” see Roy v. Town of Barnet, 147 Vt. 551, 551-52 , 522 A.2d 225, 226 (1986) (Board has duty to sift through evidence and make clear statements), and explained its rationale succinctly but thoroughly, as this Court has long encouraged.
discussed Cited as authority (rule) Gionet v. Town of Goshen
Vt. · 1989 · confidence medium
While essential findings cannot be left to speculation, see Roy v. Town of Barnet, 147 Vt. 551, 551-52 , 522 A.2d 225, 226 (1986), here the Board identified the comparables and noted in considerable detail, using specific structural criteria, the differences between subject and comparable properties.
discussed Cited as authority (rule) Sondergeld v. Town of Hubbardton
Vt. · 1988 · confidence medium
Saufroy v. Town of Danville, 148 Vt. 624, 625 , 538 A.2d 168, 168-69 (1987); Roy v. Town of Barnet, 147 Vt. 551, 551-52 , 522 A.2d 225, 226 (1986); Schweizer v. Town of Pomfret, 134 Vt. at 437 , 365 A.2d at 135 .
cited Cited as authority (rule) Saufroy v. Town of Danville
Vt. · 1987 · confidence medium
Id. at 551-52 , 522 A.2d at 226 (citations omitted).
discussed Cited "see" Elliott v. Town of Barnard (2×)
Vt. · 1989 · signal: see · confidence high
See Roy v. Town of Barnet, 147 Vt. 551, 551-52 , 522 A.2d 225, 226 (1986).
examined Cited "see, e.g." Harris v. Town of Waltham (4×)
Vt. · 1992 · signal: see also · confidence low
See also Roy v. Town of Barnet, 147 Vt. 551, 551-52 , 522 A.2d 225, 226 (1986) (State Board has duty to make clear statements so that this Court and the parties will be able to determine how decision was reached); Schweizer v. Town of Pomfret, 134 Vt. 436, 437 , 365 A.2d 134, 135 (1976) (Board has duty to make specific findings; to merely state that it "checked" the comparable properties constitutes reversible error).
Retrieving the full opinion text from the archive…
A. Francis Roy
v.
Town of Barnet
85-268.
Supreme Court of Vermont.
Dec 29, 1986.
522 A.2d 225
Gensburg & Axelrod, St. Johnsbury, for Plaintiff-Appellant., Reed & Balivet, Danville, for Defendant-Appellee.
Allen, Hill, Peck, Gibson, Hayes.
Cited by 12 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: Supreme Court of Vermont (1)
Peck, J.

Plaintiff appeals from a decision of the State Board of Appraisers upholding an appraisal of plaintiffs real estate by the Barnet Board of Civil Authority at $508,000. We reverse.

In 1984, the Town of Barnet conducted a town-wide reappraisal. Plaintiff’s property, consisting of 164 acres and having frontage on Harvey’s Lake in Barnet, was reappraised at $523,700. Pursuant to 32 V.S.A. § 4221, plaintiff appeared at the grievance hearing to appeal the appraisal. Afforded no relief, plaintiff appealed to the Barnet Board of Civil Authority. 32 V.S.A. § 4404. Review of plaintiff’s complaint resulted in a reduction of the appraised value of the subject property to $508,000. Still unsatisfied with the result, plaintiff appealed to the director of the State Division of Property Valuation and Review. 32 V.S.A. § 4461. The State Board of Appraisers, appointed by the director, conducted a de novo hearing on May 17, 1985, and upheld the $508,000 appraisal.

Plaintiff’s appeal to this Court rests substantially on the claim that the Board’s findings were inadequate. The Board of Appraisers has a duty to sift the evidence and make clear statements, so[*552] that the parties and this Court will be able to determine not only what was decided, but of equal importance, how that decision was reached. Shetland Properties, Inc. v. Town of Poultney, 145 Vt. 189, 192, 484 A.2d 929, 931 (1984). Findings which merely recite the contentions and testimony of the parties and their witnesses will not support a judgment. Id. at 192-93, 484 A.2d at 932. Here the conclusions of the Board are not supported by sufficient findings of fact; this constitutes reversible error. Corrette v. Town of St. Johnsbury, 140 Vt. 315, 317, 437 A.2d 1112, 1114 (1981).

Plaintiff appeared pro se before the Board; he contested only the valuation of 14 of the 164 acres and presented evidence of three comparables. However, the only purported finding addressing the comparables (No. 4) cannot be deemed a proper finding since the paragraph only reiterates plaintiff’s and defendant’s contentions with respect to two of the comparables. The third is not discussed at all in the findings. Moreover, we cannot discern from the findings whether the Board considered any of the three properties presented by the plaintiff to be comparable to the subject property. Although we may be able to determine what was decided, we are unable to conclude how the Board arrived at its decision. Findings that can be resolved only through conjecture cannot stand. Kachadorian v. Town of Woodstock, 144 Vt. 348, 352, 477 A.2d 965, 968 (1984).

Reversed and remanded.