8 Vermont opinions name it 2 courts 1972–2026 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 sentences2008Although the principles of claim preclusion “generally apply in zoning cases as in other areas of the law,” id. at 158 , 582 A.2d at 113 , the “successive-application doctrine” is a distinct set of preclusive rules developed specifically for zoning proceedings. 2008Although the principles of claim preclusion “generally apply in zoning cases as in other areas of the law,” id. at 158 , 582 A.2d at 113 , the “successive-application doctrine” is a distinct set of preclusive rules developed specifically for zoning proceedings. | 1 | 3 |
In Re Armitagegreen2 sentences2009See In re Armitage, 2006 VT 113 , ¶ 4 n.1, 181 Vt. 281 . 2007While we do not now decide whether the differences in the present application from the 1987 application either meet the requirements of the 2006 Zoning Regulations, or address the 1987 Superior Court’s concerns about the 1987 application, in the present case, Appellant-Applicant is entitled to demonstrate that the intervening changes in the physical circumstances along that stretch of Williston Road, the intervening changes in the Zoning Regulations, or the changes in the proposal, allow the application to be made and allow the DRB, and hence this Court, to consider the application on its meri | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Application of Lathrop Limited Partnership I, II and III
green
2 sentences2026Lathrop Ltd P’ship I, 2015 VT 49 , ¶ 59; In re Wells Accessory Bldg. 2020In re Application of Lathrop Ltd Partnership, 2015 VT 49 , ¶ 59; In re Wells Accessory Bldg. | 2 | 2020–2026 |
Alden v. Alden
green
2 sentences2016“The rule of claim preclusion applies when the parties, subject matter, and causes of action in a previous litigation, where the court has issued a final judgment, and in a subsequent litigation are the same or substantially identical.” Alden v. Alden, 2010 VT 3, ¶ 9 , 187 Vt. 591 , 992 A.2d 298 (mem.). 2016“The rule of claim preclusion applies when the parties, subject matter, and causes of action in a previous litigation, where the court has issued a final judgment, and in a subsequent litigation are the same or substantially identical.” Alden v. Alden, 2010 VT 3, ¶ 9 , 187 Vt. 591 , 992 A.2d 298 (mem.). | 1 | 2016–2016 |
In Re Appeal of McGrew
green
2 sentences2012In re McGrew, 2009 VT 44, ¶ 10 , 186 Vt. 37 (citing In re Carrier, 155 Vt. 152, 157-58 (1990)). 2012In re McGrew, 2009 VT 44, ¶ 10 , 186 Vt. 37 (citing In re Carrier, 155 Vt. 152, 157-58 (1990)). | 1 | 2012–2012 |
Webster v. State Mutual Fire Insurance
green
2 sentences1972In the Cummings case, supra, 102 Vt. at 360 , the court quoted the holding in Webster v. State Mutual Fire Insurance Co., 81 Vt. 75, 80 , 69 A. 319 (1908), that “[W]hen an insurer elects not to take advantage of a forfeiture, he waives it, and cannot assert it in defense, though the insured was not mislead to his prejudice.” It is apparent that in the Cummings case, supra, the court affirmed this rule of law stated in the Webster case. 1972In the Cummings case, supra, 102 Vt. at 360 , the court quoted the holding in Webster v. State Mutual Fire Insurance Co., 81 Vt. 75, 80 , 69 A. 319 (1908), that “[W]hen an insurer elects not to take advantage of a forfeiture, he waives it, and cannot assert it in defense, though the insured was not mislead to his prejudice.” It is apparent that in the Cummings case, supra, the court affirmed this rule of law stated in the Webster case. | 1 | 1972–1972 |
Cummings v. Conn. Gen. Life Ins. Co.
green
1 sentence1972In the Cummings case, supra, 102 Vt. at 360 , the court quoted the holding in Webster v. State Mutual Fire Insurance Co., 81 Vt. 75, 80 , 69 A. 319 (1908), that “[W]hen an insurer elects not to take advantage of a forfeiture, he waives it, and cannot assert it in defense, though the insured was not mislead to his prejudice.” It is apparent that in the Cummings case, supra, the court affirmed this rule of law stated in the Webster case. | 1 | 1972–1972 |
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.