In Re Preseault, 292 A.2d 832 (Vt. 1972). · Go Syfert
In Re Preseault, 292 A.2d 832 (Vt. 1972). Cases Citing This Book View Copy Cite
125 citation events (31 in the last 25 years) across 3 distinct courts.
Strongest positive: Vt Mutual v. Johnson (vtsuperct, 2024-11-20)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Vt Mutual v. Johnson
Vt. Super. Ct. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
statutes in pari materia are to be construed with reference to each other as parts of one system.
examined Cited as authority (verbatim quote) State v. Justin R. Kuzawski (4×) also: Cited as authority (quoted)
Vt. · 2017 · signal: see · quote attribution · 4 verbatim quotes · confidence high
statutes in pari materia are to be construed with reference to each other as parts of one system.
examined Cited as authority (verbatim quote) Kenneth P. Felis v. Downs Rachlin Martin PLLC, and Gallagher, Flynn & Company, LLP (2×) also: Cited as authority (quoted)
Vt. · 2015 · quote attribution · 2 verbatim quotes · confidence high
when the provisions of a law are inconsistent, effect must be given to those which harmonize with the context and the apparent intent of the legislature.
examined Cited as authority (verbatim quote) Board of Trustees of Kellogg-Hubbard Library, Inc. v. Labor Relations Board & Local 1369 (12×) also: Cited as authority (quoted), Cited "see"
Vt. · 1994 · signal: see · quote attribution · 8 verbatim quotes · confidence high
a statute is to be construed as to carry out the intent of the legislature, though such construction may seem contrary to the letter of the statute.
examined Cited as authority (verbatim quote) In Re Estate of Johnson (2×) also: Cited as authority (quoted)
Vt. · 1992 · signal: see · quote attribution · 2 verbatim quotes · confidence high
when the provisions of a law are inconsistent, effect must be given to those which harmonize with the context and the apparent intent of the legislature.
discussed Cited as authority (rule) Pleasant Valley Farms MFO Denial - Decision on Motion
Vt. Super. Ct. · 2020 · confidence medium
As this appeal is taken de novo, pursuant to 6 V.S.A. § 4855, this Court is tasked with conducting our own review of the evidence presented and rendering our decision on the appealed application “as though no action whatever has been held prior thereto.” In re Poole, 136 Vt. 242, 245 (1978); see also Chioffi v. Winooski Zoning Bd., 151 Vt. 9, 11 (1989); V.R.E.C.P. 5(g) (stating that appeals under Rule 5 “shall be trial de novo”); In re Preseault, 130 Vt. 343, 348 (1972).
discussed Cited as authority (rule) In re Stephanie H. Taylor, M.D.
Vt. · 2016 · confidence medium
Affirmed. 1 “Statutes in pari materia are to be construed with reference to each other as parts of one system.” In re Presault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972). 2 Under 26 V.S.A. § 1361(b), the Board is authorized, upon a finding of unprofessional conduct, to “reprimand the person complained against, as it deems appropriate; condition, limit, suspend, or revoke the license ... of the person complained against; or take such other action relating to discipline or practice as the board determines is proper.” 3 Dr. Taylor’s proposed findings and conclusions acknowledged that…
discussed Cited as authority (rule) In re K.A., Juvenile
Vt. · 2016 · confidence medium
Moreover, statutes that relate to the same matter are considered to be in pari materia and must be read together as a whole, In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972), as long as the result is consistent with legislative intent.
discussed Cited as authority (rule) Barefoot & Zweig Act 250
Vt. Super. Ct. · 2012 · confidence medium
The Vermont Supreme Court has instructed that “[s]tatutes giving and regulating the right of appeal are remedial in nature and should receive a liberal construction in furtherance of the right of appeal.” In re Preseault, 130 Vt. 343, 346 (1972).
discussed Cited as authority (rule) Foreger Revocable Trust 4-Lot Subdivison
Vt. Super. Ct. · 2012 · confidence medium
That is, we ”construe words according to their plain and ordinary meaning, giving effect to the whole and every part of the ordinance ” l__d Nonetheless, ”[e]ven the very Words used by the legislature in the enactment must yield to a construction consistent with legislative purpose." Lubinsl<v v. Fair Haven Zoning Bd., 148 Vt. 47, 50 (1986) (citing ln re Preseault 130 Vt. 343, 348 (19’72)); see also, e.g., in re Bennington Sch.l 1 Although Appellees filed their motion on january 13, 2012, before the new version of V.R.C.P. 56 tool< effect, We adopt the philosophy and policy of the new …
cited Cited as authority (rule) New Castle County v. Chrysler Corp.
Del. Super. Ct. · 1995 · confidence medium
Singer, Sutherland Statutory Construction § 67.08, at 83 (5th ed. 1992); see also Rallaban v. Riley, 94 N.H. 338 , 53 A.2d 431, 433 (1947); In re Preseault, 130 Vt. 343 , 292 A.2d 832, 834 (1972).
discussed Cited as authority (rule) State v. Fuller (2×)
Vt. · 1995 · confidence medium
Because §§ 1202(c) and 5237 relate to the same subject matter and have the same purpose, they should be "construed with reference to each other as parts of one system." In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972).
discussed Cited as authority (rule) In re Maple Tree Place Associates
Vt. · 1989 · confidence medium
Lunde relies on In re Preseault, 130 Vt. 343, 347 , 292 A.2d 832, 834-35 (1972), for the proposition that one denied party status by the Enviromental Board has standing to appeal to this Court under the APA. 139 Vt. at 378 , 428 A.2d at 1141 .
discussed Cited as authority (rule) State v. Kreth (2×)
Vt. · 1988 · confidence medium
In re Preseault, 130 Vt. 343, 348 , 292 A.2d 832, 835 (1972).
cited Cited as authority (rule) Lubinsky v. Fair Haven Zoning Board
Vt. · 1986 · confidence medium
In re Preseault, 130 Vt. 343, 348 , 292 A.2d 832, 835 (1972).
discussed Cited as authority (rule) Rutz v. Essex Junction Prudential Committee (2×)
Vt. · 1983 · confidence medium
In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972).
cited Cited as authority (rule) Bud Crossman Plumbing & Heating v. Commissioner of Taxes
Vt. · 1982 · confidence medium
In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972).
cited Cited as authority (rule) In Re Lunde Construction Company
Vt. · 1981 · confidence medium
In re Preseault, 130 Vt. 343, 347 , 292 A.2d 832, 834-35 (1972).
discussed Cited as authority (rule) In re B. M. L.
Vt. · 1979 · confidence medium
As the State itself points out in its brief, our task is to effectuate the intent of the Legislature, Villeneuve v. Town of Underhill, 130 Vt. 446, 452 , 296 A.2d 192, 196 (1972), which must be ascertained from the act as a whole, its effect, and its consequences, In re Preseault, 130 Vt. 343, 347 , 292 A.2d 832, 835 (1972).
discussed Cited as authority (rule) In Re BML
Vt. · 1979 · confidence medium
We can not agree with appellee, the State of Vermont, however, that the juvenile court can continue to detain a juvenile indefinitely until such time as it files the required findings and order. *385 As the State itself points out in its brief, our task is to effectuate the intent of the Legislature, Villeneuve v. Town of Underhill, 130 Vt. 446, 452 , 296 A.2d 192, 196 (1972), which must be ascertained from the act as a whole, its effect, and its consequences, In re Preseault, 130 Vt. 343, 347 , 292 A.2d 832, 835 (1972).
discussed Cited as authority (rule) Committee to Save the Bishop's House, Inc. v. Medical Center Hospital of Vermont, Inc.
Vt. · 1979 · confidence medium
Although we are pointed to an earlier opinion of this Court indicating that the purposes of the Act are broad, In re Preseault, 130 Vt. 343, 348 , 292 A.2d 832, 836 (1972), a careful reading of the statute as a whole, and of section 6001(3) in particular, convinces us that it was the Legislature’s intent to involve the state in land use decisions in cases where a permanent mechanism exists for their review at the municipal level only where activity on a very major scale is planned.
cited Cited as authority (rule) Application of Great Eastern Building Company, Inc.
Vt. · 1974 · confidence medium
In re Preseault, supra, 130 Vt. at 347.
cited Cited "see" In Re Hill Recount
Vt. Super. Ct. · 2024 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 346 (1972).
discussed Cited "see" Poultney Properties LLC Change of Use & SP App. - Decision on Motion
Vt. Super. Ct. · 2021 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 348 (1972) (recognizing the intent of the Legislature to allow adjoining landowners to participate in Act 250 hearings before the former Environmental Board).
discussed Cited "see" William Deveneau v. Susan Weilt and Brian Toomey (2×)
Vt. · 2016 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972) (holding that statutes pertaining to the same subject “are to be construed with reference to each other as parts of one system”).
examined Cited "see" William Deveneau v. Susan Weilt and Brian Toomey (4×)
Vt. · 2016 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972) (holding that statutes pertaining to the same subject “are to be construed with reference to each other as parts of one system”).
discussed Cited "see" In Re SBL (2×)
Vt. · 1988 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972).
discussed Cited "see" In re S.B.L. (2×)
Vt. · 1988 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 346 , 292 A.2d 832, 834 (1972).
discussed Cited "see" In Re Pyramid Co. of Burlington (2×)
Vt. · 1982 · signal: see · confidence high
Act 250 authorizes a de novo proceeding in an appeal to the superior court. 10 V.S.A. § 6089(a); see In re Preseault, 130 Vt. 343, 348 , 292 A.2d 832, 835 (1972).
discussed Cited "see" Application of Preseault (2×)
Vt. · 1974 · signal: see · confidence high
See In re Preseault, 130 Vt. 343 , 292 A.2d 832 (1972); Wright v. Preseault, 131 Vt. 403 , 306 A.2d 673 (1973); Preseault v. Wheel, 132 Vt. 247 , 315 A.2d 244 (1974).
discussed Cited "see" Swanton Village v. Town of Highgate (2×)
Vt. · 1973 · signal: see · confidence high
See In re Preseault, 130 Vt. 343, 348 , 292 A.2d 832 (1972); Montpelier Savings Bank & Trust Co. v. Mitchell, 122 Vt. 85, 88 , 165 A.2d 369 (1960).
discussed Cited "see, e.g." 172 North Willard St. Zoning Permit Appeal - Decision on Motions
Vt. Super. Ct. · 2025 · signal: see also · confidence medium
A de novo proceeding before this Court is “one where the case is heard as though no action had been held prior thereto.” In re Poole, 136 Vt .242, 245 (1978); see also In re Preseault, 130 Vt. 343, 348 (1972) (noting that a de novo proceeding is one in which “all evidence is heard anew[] and the probative effect thereof determined” as though no decision had been previously rendered) (citation omitted).
discussed Cited "see, e.g." Lake Bomoseen Association and LBPT Denial - Decision on Motions
Vt. Super. Ct. · 2025 · signal: see also · confidence medium
A de novo proceeding before this Court is “one where the case is heard as though no action had been held prior thereto.” In re Poole, 136 Vt .242, 245 (1978); see also In re Preseault, 130 Vt. 343, 348 (1972) (noting that a de novo proceeding is one in which “all evidence is heard anew[] and the probative effect thereof determined” as though no decision had been previously rendered) (citation omitted).
discussed Cited "see, e.g." In re North East Materials Group, LLC Amended Act 250 Permit (Russell Austin, Pamela Austin, Julie Barre, Marc Bernier, Collectively, Neighbors for Healthy Communities, Appellants) (2×)
Vt. · 2017 · signal: see also · confidence low
Act 250 affords party status to adjoining property owners and others with a particularized interest in connection with permitting proceedings. 10 V.S.A. § 6085(c)(1)(E) ; see also In re Preseault , 130 Vt. 343 , 348-49, 292 A.2d 832 , 835-36 (1972) (recognizing Legislature's intent to include adjoining property owners in Act 250 proceedings at all levels).
Retrieving the full opinion text from the archive…
In Re J. Paul and Patricia A. Preseault
139-71.
Supreme Court of Vermont.
Jun 6, 1972.
292 A.2d 832
Paul, Frank & Collins, Burlington, for Plaintiff., Gravel & Shea, Burlington, for Defendant.
Shangraw, Barney, Keyser, Daley, Martin, Supr.
Cited by 55 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #13,597 of 633,719
Citer courts: Supreme Court of Vermont (7)
Shangraw, C.J.

This is our first confrontation with the Vermont Land Use and Development Act passed by the 1969 Adjourned Session of the Legislature as Act No. 250. It is now codified as 10 V.S.A. Chapter 151.

To administer the regulations and plans provided for by the Act a state-wide Environmental Board was created. 10 V.S.A. § 6021. Below the Environmental Board are seven District Environmental Commissions which are charged with the enforcement of the Act at the local level. 10 V.S.A. § 6026. See generally Walker, The Law of the Land: Development Legislation in Maine and Vermont, 23 Maine L. Rev. 315 (1971).

This proceeding was commenced by the applicants, J. Paul and Patricia A. Preseault, when they filed an application for an environmental permit with the District Environmental Commission. 10 V.S.A. § 6083. In their application the Preseaults sought an environmental permit for 76 apartments they plan to construct on a parcel of property they own in the City of Burlington. Notice of the application was published in a local paper, and actual notice was given to the City of Burlington, the Burlington Planning Commission, and the Chittenden County Regional Planning Commission. See 10 V.S.A. § 6084.

At the request of some eighteen adjoining property owners, who objected to the issuance of the environmental permit sought by the Preseaults, the District Commission held hear[*345] ings on the application at four separate sessions. 10 V.S.A. § 6085(a). Included in the hearings was a visit to the site of the planned development. On June 8, 1971, the District Commission denied the application stating the proposed project would cause unreasonable soil erosion or reduction of the capacity of the land to hold water so that a dangerous or unhealthy condition may result. Also the proposed project can only aggravate the existing traffic problem on North Avenue, and that the minimum distance (five feet) of the private road from the property of the adjacent landowners is a threat to the safety and welfare of the adjacent landowners and increases the probability of encroachment.

An appeal was then taken by the applicants to the Environmental Board where they requested a de novo hearing on the findings of fact and conclusions of law adverse to the applicants made by the District Commission when it rejected their application. 10 V.S.A. § 6089. Soon after, counsel for the adjoining property owners filed a notice of appearance with the Environmental Board. At the commencement of the hearing before the Environmental Board, the Board ruled the adjoining property owners were not entitled to participate as parties because of 10 V.S.A. § 6085(c) which states as follows:

“Parties shall be those who have received notice, adjoining property owners who have requested a hearing, and such other persons as the board may allow by rule. For the purposes of appeal only the applicant, a state agency, the regional and municipal planning commissions and the municipalities required to receive notice shall be considered parties.”

After hearing was completed, the Environmental Board voted to issue the environmental permit sought by the Preseaults.

At this point the adjoining property owners appealed to this Court from the ruling of the Environmental Board which denied them the right to appear as parties at the hearing before the Board. The applicants then filed a motion to dismiss this appeal alleging the adjoining property owners were not a party before the Environmental Board, and therefore could not appeal to this Court pursuant to 10 V.S.A. § 6089(b) which provides:

[*346] “An appeal from a decision of the board under subr section (a) shall be to the supreme court by a party as set forth in section 6085 (c) of this title.”

The motion was dismissed by this Court pro forma until the case could, be heard upon the merits.

The first issue raised by this appeal is that developed by the applicants in their motion to dismiss. In essence, the applicants contend that because the adjoining property owners were not a proper party before the Board as provided for in 10 V.S.A. § 6085(c), they cannot appeal to this Court pursuant to 10 V.S.A. § 6089(b). The applicants further contend that because the Vermont Land Use and Development Act became effective after the Administrative Procedure Act, and because the former provides an appeal procedure for “parties” to a hearing, the Administrative Procedure Act does not provide the adjoining property owners a means of appealing to this Court.

The construction of the statutes suggested by the applicants unduly narrows the scope of the liberal means of judicial review provided for by 3 V.S.A. § 815(a). It has long been recognized statutes giving and regulating the right of áp¿ peal are remedial in nature and should receive a liberal construction in furtherance of the right of appeal. Abbadessa v. Tegu, 121 Vt. 496, 498, 160 A.2d 876 (1960), and cases therein cited. This brings us to the fundamental rule in the construction of statutes which is to ascertain and give effect to the intention of the legislature. Verrill v. Daley, 126 Vt. 444, 446, 236 A.2d 238 (1967); Reed v. Allen, 121 Vt. 202, 206, 153 A.2d 74 (1959). Statutes in pari materia are to be construed with reference to each other as parts of one system. Reed v. Allen, 121 Vt. 202, 207, 153 A.2d 74 (1959); In re Estate of Cartmell, 120 Vt. 228, 230, 138 A.2d 588 (1958).

Thus, we must construe the Vermont Land Use and Development Act with the Administrative Procedure Act. At 10 V.S.A. § 6002 we find the Vermont Land Use and Development Act states the provisions of the Administrative Procedure Act shall govern unless otherwise stated. Because no means of appeal is provided for the adjoining property owners in the Vermont Land Use and Development Act, they are[*347] forced to go to the provisions of the Administrative Procedure Act.

Pursuant to 3 V.S.A. § 815(a) a method of obtaining judicial review of an administrative action is made available to a person who has exhausted all administrative remedies available, and is aggrieved by a final decision in a contested case. The adjoining property owners came within the purview of 3 V.S.A. § 815(a) when they were denied the right to appear before the Board and the environmental permit sought by the Preseaults was granted. See 3 V.S.A. § 801(2), (6). Therefore this appeal has been properly brought to this Court.

Next we turn to the question raised by the adjoining property owners by this appeal. They contend it was reversible error for the Environmental Board to deny them the right to appear as parties at the de novo hearing before the Board on the application submitted to the Board by the Preseaults. When the Environmental Board excluded the adjoining property owners it created a situation in which the adjoining property owners, who prevailed below, could not appear at a de novo appeal on the same matter; and in their absence the Environmental Board granted the permit sought by the Preseaults.

The intention and true meaning of the legislature are to be ascertained from a consideration of the whole and every part of the act, the subject matter and its effect and consequences. Rutland Cable T.V. v. City of Rutland, 122 Vt. 1, 3, 163 A.2d 117 (1960), and cases therein cited. The legislature in the “Findings and declaration of intent” expresses the purpose of the Act is “. . . to protect and conserve the lands and the environment of the state and to insure that these lands and environment are devoted to uses which are not detrimental to the public welfare and interest . . . .” Act No. 250 § 1 (1969 Adj. Sess.).

. Under the provisions of 10 V.S.A. § 6085 (a) the adjoining property owners were given the right to appear at the hearing and produce evidence before the District Environmental Commission.

On appeal, under the provisions of 10 V.S.A. § 6085 (c), the Environmental Board took the view the adjoining prop[*348] erty owners were not entitled to appear and participate. The Environmental Board then held what it called a de novo hearing on the application. 10 V.S.A. § 6089(a). A de novo proceeding at an appellate level commonly designates a hearing as though no action whatever had been instituted in the District Environmental Commission below. A de novo proceeding is one in which all the evidence is heard anew, and the probative effect thereof determined. In re Automobile Insurance Rates, 128 Vt. 73, 77, 258 A.2d 826 (1969). See also In re Edward Wheelock, 130 Vt. 136, 287 A.2d 569, 572 (1972). A de novo proceeding contemplates those parties who had an interest in the original proceeding being allowed to appear and participate as proper parties at the second set of hearings. In re Estate of Bove, 127 Vt. 25, 26-27, 238 A.2d 789 (1968).

It is presumed in construing a statute that no unjust or unreasonable result was intended by the legislature. Montpelier Savings Bank & Trust Co. v. Mitchell, 122 Vt. 85, 88, 165 A.2d 369 (1960). A statute is to be so construed as to carry out the intent of the legislature, though such construction may seem contrary to the letter of the statute. When the provisions of a law are inconsistent, effect must be given to those which harmonize with the context and the apparent intent of the legislature. State v. Estate of Taranovich, 116 Vt. 1, 5, 68 A.2d 796 (1949); Doubleday v. Town of Stockbridge, 109 Vt. 167, 172, 194 A. 462 (1937). See also State v. Reynolds, 109 Vt. 308, 310-11, 1 A.2d 730 (1938).

Clearly, a literal enforcement of the language of 10 V.S.A. § 6085(c), as interpreted by the Environmental Board, would result in an unjust and unreasonable departure from the intent of the legislature when it recognized the interest adjoining property owners have in an application for an environmental permit on lands adjacent to theirs. The unreasonableness of this interpretation becomes more manifest when the fact finding significance of a de novo proceeding before the Environmental Board is considered. Therefore, we hold the intent of the legislature as expressed in the broad purposes of the Act, and in the Act itself, is to accord to[*349] adjoining property owners the right to appear as parties at hearings before the Environmental Board.

The decision of the Vermont Environmental Board granting the permit to appellees is reversed. Cause remanded for a new hearing before the Board with direction that the appellants, adjoining property owners, be permitted to participate as parties.