8 Vermont opinions name it 2 courts 2001–2025 1 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 |
|---|---|---|
In Re Application of Carriergreen2 sentences2015This preclusion doctrine provides that a local board “may not entertain a second application concerning the same property after a previous application has been denied, unless a substantial change of conditions had occurred or other considerations materially affecting the merits of the request have intervened between the first and second application.” In re Carrier, 155 Vt. 152, 158 , 582 A.2d 110, 113 (1990) (quotation omitted); see also In re Woodstock Cmty. Trust & Hous. 2015This preclusion doctrine provides that a local board “may not entertain a second application concerning the same property after a previous application has been denied, unless a substantial change of conditions had occurred or other considerations materially affecting the merits of the request have intervened between the first and second application.” In re Carrier, 155 Vt. 152, 158 , 582 A.2d 110, 113 (1990) (quotation omitted); see also In re Woodstock Cmty. Trust & Hous. | 3 | 3 |
Mckenna v. Wrightgreen2 sentences2013See McKenna v. Wright, 386 F.3d at 432 ; 18 C. 2013See McKenna v. Wright, 386 F.3d at 432 ; 18 C. | 2 | 2 |
In re Burns Two-Unit Residential Building (Michael Long Appellants)green1 sentence2025Rather, it illustrates reluctance to apply a broad preclusion rule in a manner that would “require the exercise of a fruitless and duplicate appeal to require the zoning administrator to perform his ministerial duty.” Fairchild, 159 Vt. at 132 , 616 A.2d at 232 ; see Burns, 2016 VT 63, ¶ 14 . | 1 | 1 |
Lamb v. Geovjiangreen2 sentences2006See Lamb v. Geovjian, 165 Vt. 375, 379-80 , 683 A.2d 731, 734-35 (1996). 2006See Lamb v. Geovjian, 165 Vt. 375, 379-80 , 683 A.2d 731, 734-35 (1996). | 1 | 1 |
American Trucking Associations, Inc. v. Conwaygreen2 sentences2001See American Trucking Ass’ns, 152 Vt. at 370 , 566 A.2d at 1328 (claim preclusion is a “theory of estoppel”). 2001See American Trucking Ass’ns, 152 Vt. at 370 , 566 A.2d at 1328 (claim preclusion is a “theory of estoppel”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Central Vermont Public Service Corporation
green
2 sentences2013Corp., 172 Vt. at 21 , we have substantial concerns about the “fairness” prong of the preclusion test in light of the fact that municipal land use review panels typically employ relaxed procedural and evidentiary rules, and are often composed of laypersons with limited, if any, legal training. 2013Corp., 172 Vt. at 21 , we have substantial concerns about the “fairness” prong of the preclusion test in light of the fact that municipal land use review panels typically employ relaxed procedural and evidentiary rules, and are often composed of laypersons with limited, if any, legal training. | 2 | 2013–2013 |
Petition of Fairchild
green
2 sentences2025Rather, it illustrates reluctance to apply a broad preclusion rule in a manner that would “require the exercise of a fruitless and duplicate appeal to require the zoning administrator to perform his ministerial duty.” Fairchild, 159 Vt. at 132 , 616 A.2d at 232 ; see Burns, 2016 VT 63, ¶ 14 . 2025Rather, it illustrates reluctance to apply a broad preclusion rule in a manner that would “require the exercise of a fruitless and duplicate appeal to require the zoning administrator to perform his ministerial duty.” Fairchild, 159 Vt. at 132 , 616 A.2d at 232 ; see Burns, 2016 VT 63, ¶ 14 . | 1 | 2025–2025 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.