9 Vermont opinions name it 2 courts 1999–2025 4 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 |
|---|---|---|
Mathews v. Eldridgegreen2 sentences2012See Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (requiring balancing of (1) private interest affected by official action; (2) risk of erroneous deprivation of interest through procedures used, and probable value of additional procedures; and (3) government’s interest, including function involved and fiscal and administrative burdens that additional procedural requirements would entail); Holton v. Dep’t of Emp’t & Training, 2005 VT 42, ¶ 26 , 178 Vt. 147 , 878 A.2d 1051 (demonstrating deficiency in terms of procedural fairness of administrative procedures, as set forth in Mathews v. Eldridge, 2005Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (evaluating fairness of administrative procedure for due process purposes based on the risk that procedures used will result in an erroneous deprivation of liberty or property, and the probable value, if any, that additional or substitute procedures would add). | 2 | 2 |
Kentucky Department of Corrections v. Thompsongreen1 sentence2025First, we determine whether the State has interfered with a protected liberty or property interest, and second, we “ ‘examine[] whether the procedures attendant upon that deprivation were constitutionally sufficient.’ ” Conway v. Gorczyk, 171 Vt. 374, 376 , 765 A.2d 463 (2000) (quoting Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989)). | 1 | 1 |
State v. Ben-Mont Corporationgreen1 sentence2025See, e.g., State v. Ben-Mont Corp., 163 Vt. 53, 61 (1994) (holding that mere mention of fair warning below was insufficient to preserve due-process claim for appeal and therefore declining to address it). | 1 | 1 |
Kirk Wool v. Office of Professional Regulationgreen1 sentence2024This Court performs a two-part inquiry when presented with a procedural due process claim: “the first asks whether there exists a liberty . . . interest which has been interfered with by the State; the second examines whether the procedures attendant upon that deprivation were constitutionally sufficient.” Wool, 2020 VT 44, ¶ 20 (quotation omitted). | 1 | 1 |
In Re Smithgreen2 sentences2012In short, “the process due in a given administrative proceeding depends on the interest at stake.” In re Smith, 169 Vt. 162, 171 , 730 A.2d 605, 613 (1999). ¶ 78. 2012In short, “the process due in a given administrative proceeding depends on the interest at stake.” In re Smith, 169 Vt. 162, 171 , 730 A.2d 605, 613 (1999). ¶ 78. | 1 | 1 |
Silano v. Sag Harbor Union Free School District Board Of Educationgreen1 sentence2000See id. (school board’s censure of fellow member for presentation to tenth-grade students did not violate First Amendment or procedural due process); Peloza v. Capistrano Unified School Dist., 37 F.3d 517 , 522-23 (9th Cir. 1994) (high school biology teacher’s free speech and procedural due process claims based on school district’s requirement that he teach evolutionism and order barring him from discussing his religious beliefs with students were properly dismissed); Townshend v. Hazelroth, 875 F. Supp. 1293, 1300-02 (E.D. | 1 | 1 |
Siegert v. Gilleygreen1 sentence2000See Siegert, 500 U.S. at 234 . | 1 | 1 |
Townshend v. Hazelrothgreen1 sentence2000See id. (school board’s censure of fellow member for presentation to tenth-grade students did not violate First Amendment or procedural due process); Peloza v. Capistrano Unified School Dist., 37 F.3d 517 , 522-23 (9th Cir. 1994) (high school biology teacher’s free speech and procedural due process claims based on school district’s requirement that he teach evolutionism and order barring him from discussing his religious beliefs with students were properly dismissed); Townshend v. Hazelroth, 875 F. Supp. 1293, 1300-02 (E.D. | 1 | 1 |
Meachum v. Fanogreen2 sentences1999In a later case involving a challenge to a prison transfer, the Court emphasized that the “determining factor” in a procedural due process analysis “is the nature of the interest involved rather than its weight.” Meachum v. Fano, 427 U.S. 215, 224 (1976). 1999In a later case involving a challenge to a prison transfer, the Court emphasized that the "determining factor" in a procedural due process analysis "is the nature of the interest involved rather than its weight." Meachum v. Fano, 427 U.S. 215, 224 , 96 S.Ct. 2532 , 49 L.Ed.2d 451 (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miriam Lowell and Seth Healey v. Department for Children and Families
green
2 sentences2025When presented with a procedural due process claim, the court performs a two-part inquiry: “first[,] whether there exists a liberty . . . interest which has been interfered with by the State; . . . second[,] . . . whether the procedures attendant upon that deprivation were constitutionally sufficient.” Id. (quotation omitted). 2025“The core components of procedural due process are notice and an opportunity to be heard.” Id. | 1 | 2025–2025 |
Conway v. Gorczyk
green
2 sentences2025First, we determine whether the State has interfered with a protected liberty or property interest, and second, we “ ‘examine[] whether the procedures attendant upon that deprivation were constitutionally sufficient.’ ” Conway v. Gorczyk, 171 Vt. 374, 376 , 765 A.2d 463 (2000) (quoting Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989)). 2025First, we determine whether the State has interfered with a protected liberty or property interest, and second, we “ ‘examine[] whether the procedures attendant upon that deprivation were constitutionally sufficient.’ ” Conway v. Gorczyk, 171 Vt. 374, 376 , 765 A.2d 463 (2000) (quoting Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989)). | 1 | 2025–2025 |
Valmonte v. Bane
green
1 sentence2024Like the trial court, we assume that Healey has a protected liberty interest at stake despite not alleging that he will seek employment related to children.9 Cf. Valmonte v. Bane, 18 F.3d 992 , 9 As already noted, DCF did not argue before the trial court that plaintiffs’ complaint should be dismissed for failure to exhaust administrative remedies. | 1 | 2024–2024 |
Donald Gould v. Town of Monkton
green
2 sentences2024Gould v. Town of Monkton, 2016 VT 84, ¶ 19 , 202 Vt. 535 , 150 A.3d 1084 . 2024Gould v. Town of Monkton, 2016 VT 84, ¶ 19 , 202 Vt. 535 , 150 A.3d 1084 . | 1 | 2024–2024 |
In re Petition of New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
green
2 sentences2018Noting that the neighbors asserted a property interest "in connection with the award of a CPG for construction of telecommunications facilities on adjoining land" rather than a deprivation of their own physical property, New Cingular Wireless PCS, LLC , 2012 VT 46 , ¶ 13, 192 Vt. 20 , 54 A.3d 141 , we explained that "the constitutional dimension of the rights of landowners with respect to permitting on adjoining properties depends upon the legal framework applicable to the permitting scheme in question." Id. ¶ 14. 2018Noting that the neighbors asserted a property interest "in connection with the award of a CPG for construction of telecommunications facilities on adjoining land" rather than a deprivation of their own physical property, New Cingular Wireless PCS, LLC , 2012 VT 46 , ¶ 13, 192 Vt. 20 , 54 A.3d 141 , we explained that "the constitutional dimension of the rights of landowners with respect to permitting on adjoining properties depends upon the legal framework applicable to the permitting scheme in question." Id. ¶ 14. | 1 | 2018–2018 |
Holton v. Department of Employment & Training
green
2 sentences2012See Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (requiring balancing of (1) private interest affected by official action; (2) risk of erroneous deprivation of interest through procedures used, and probable value of additional procedures; and (3) government’s interest, including function involved and fiscal and administrative burdens that additional procedural requirements would entail); Holton v. Dep’t of Emp’t & Training, 2005 VT 42, ¶ 26 , 178 Vt. 147 , 878 A.2d 1051 (demonstrating deficiency in terms of procedural fairness of administrative procedures, as set forth in Mathews v. Eldridge, 2012See Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (requiring balancing of (1) private interest affected by official action; (2) risk of erroneous deprivation of interest through procedures used, and probable value of additional procedures; and (3) government’s interest, including function involved and fiscal and administrative burdens that additional procedural requirements would entail); Holton v. Dep’t of Emp’t & Training, 2005 VT 42, ¶ 26 , 178 Vt. 147 , 878 A.2d 1051 (demonstrating deficiency in terms of procedural fairness of administrative procedures, as set forth in Mathews v. Eldridge, | 1 | 2012–2012 |
cluster 679611
green
1 sentence2000See id. (school board’s censure of fellow member for presentation to tenth-grade students did not violate First Amendment or procedural due process); Peloza v. Capistrano Unified School Dist., 37 F.3d 517 , 522-23 (9th Cir. 1994) (high school biology teacher’s free speech and procedural due process claims based on school district’s requirement that he teach evolutionism and order barring him from discussing his religious beliefs with students were properly dismissed); Townshend v. Hazelroth, 875 F. Supp. 1293, 1300-02 (E.D. | 1 | 2000–2000 |
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.