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5 Vermont opinions name it 1 courts 1979–2017 0 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jarvis v. Gillespiegreen2 sentences2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 1 |
Hazen v. Perkinsgreen2 sentences2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 1 |
City of Montpelier v. Town of East Montpeliergreen1 sentence2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 1 |
Walz v. Tax Comm'n of City of New Yorkgreen2 sentences1994In 1971, in Lemon v. Kurtzman, 403 U.S. 602 (1971), the Supreme Court of the United States developed a three-part Establishment Clause test which has endured, with some modification and internal disagreement, ever since. 6 To prevail under the Lemon test, (1) a challenged statute must “have a secular legislative purpose,” (2) “its principal or primary effect must be one that neither advances nor inhibits religion,” and (3) it must not “foster ‘an excessive government entanglement with reli *449 gion.’” Id. at 612-13 (quoting Walz v. Tax Comm’n, 397 U.S. 664, 674 (1970)). 1994In 1971, in Lemon v. Kurtzman, 403 U.S. 602 (1971), the Supreme Court of the United States developed a three-part Establishment Clause test which has endured, with some modification and internal disagreement, ever since. 6 To prevail under the Lemon test, (1) a challenged statute must “have a secular legislative purpose,” (2) “its principal or primary effect must be one that neither advances nor inhibits religion,” and (3) it must not “foster ‘an excessive government entanglement with reli *449 gion.’” Id. at 612-13 (quoting Walz v. Tax Comm’n, 397 U.S. 664, 674 (1970)). | 1 | 1 |
State v. Beckenbachgreen2 sentences1979State v. Beckenbach, 136 Vt. 557, 561 , 397 A.2d 79, 81 (1978). 1979State v. Beckenbach, 136 Vt. 557, 561 , 397 A.2d 79, 81 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lemon v. Kurtzman
red
2 sentences2009In Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971), the Supreme Court announced a three-prong Establishment Clause test: (1) governmental action must have a secular purpose; (2) its primary effect must not enhance or inhibit religion; and (3) the action must not foster an excessive government entanglement with religion. 2009In Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971), the Supreme Court announced a three-prong Establishment Clause test: (1) governmental action must have a secular purpose; (2) its primary effect must not enhance or inhibit religion; and (3) the action must not foster an excessive government entanglement with religion. | 2 | 1994–2009 |
Flast v. Cohen
green
2 sentences2017Just as federal taxpayers have standing to pursue certain Establishment Clause claims, as recognized in Flast v. Cohen , 392 U.S. 83 , 85, 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968), state taxpayers have standing to advance Compelled Support claims under the Vermont Constitution. ¶ 7. 2017Just as federal taxpayers have standing to pursue certain Establishment Clause claims, as recognized in Flast v. Cohen , 392 U.S. 83 , 85, 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968), state taxpayers have standing to advance Compelled Support claims under the Vermont Constitution. ¶ 7. | 1 | 2017–2017 |
Chittenden v. Waterbury Center Community Church, Inc.
green
1 sentence2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 2003–2003 |
Davis v. Union Meeting House Society
neutral
1 sentence2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 2003–2003 |
In re .88 Acres of Property Owned by the Town of Shelburne
green
1 sentence2003Cmty. Church, 168 Vt. 478, 485-88 , 720 A.2d 20 , 25-27 (1998) (upholding “pious use” provision against an establishment clause challenge); In re .88 Acres, 165 Vt. 17,19-20 , 676 A.2d 778 , 780 (1996) (applying § 462 to property dedicated to use for a town school); Jarvis, 155 Vt. at 642 , 587 A.2d at 987 (applying § 462 to municipal lands); Davis v. Union Meeting House Soc’y, 93 Vt. 520, 526 , 108 A. 704, 707 (1920) (holding that predecessor statute to § 462 exempts lands held for pious use from susceptibility to adverse possession claims); Hazen v. Perkins, 92 Vt. 414, 420 , 105 A. 249, 251 | 1 | 2003–2003 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.