interpretive principle (Vermont) · Go Syfert
← Vermont issues

interpretive principle in Vermont

7 Vermont opinions name it 1 courts 1997–2019 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.

Followed or applied (7)

CaseFollowedCited
In Re Supreme Court Advisory Committee on Professional Ethics Opinion No. 697green
nj · 2006 · cited in 2 Vermont opinions naming this issue, 2009–2009
2 sentences

2009Cf., e.g., In re Supreme Court Advisory Comm. on Prof’l Ethics Opinion No. 697 , 911 A.2d 51, 59 (N.J. 2006) (noting that “vague[] and ambigu[ous]” provisions “are not appropriate as ethics standards”).

2009Cf., e.g., In re Supreme Court Advisory Comm. on Prof'l Ethics Opinion No. 697, 911 A.2d 51, 59 (N.J. 2006) (noting that “vague[] and ambigu[ous]” provisions “are not appropriate as ethics standards”).

22
In Re Verburg & Wesco, Inc.green
vt · 1992 · cited in 2 Vermont opinions naming this issue, 1997–2008
2 sentences

2008Borrower relies on the interpretive principle expressio unius est exclusio alterius, meaning “the expression of one thing is the exclusion of another.” See In re Verburg, 159 Vt. 161, 165 , 616 A.2d 237, 239 (1992).

2008Borrower relies on the interpretive principle expressio unius est exclusio alterius, meaning “the expression of one thing is the exclusion of another.” See In re Verburg, 159 Vt. 161, 165 , 616 A.2d 237, 239 (1992).

22
Harris v. Shermangreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2019–2019
2 sentences

2019Harris v. Sherman, 167 Vt. 613, 614 , 708 A.2d 1348, 1349 (1988) (mem.) (“[W]here legislative intent can be ascertained on its face, the statute must be enforced according to its terms without resort to statutory construction.”); Flint v. Dept. of Labor, 2017 VT 89, ¶ 5 , 205 Vt. 558 , 177 A.3d 1080 (“[W]e resort to other tools of statutory construction—such as legislative history—only when the statute is unclear or ambiguous.”).

2019Harris v. Sherman, 167 Vt. 613, 614 , 708 A.2d 1348, 1349 (1988) (mem.) (“[W]here legislative intent can be ascertained on its face, the statute must be enforced according to its terms without resort to statutory construction.”); Flint v. Dept. of Labor, 2017 VT 89, ¶ 5 , 205 Vt. 558 , 177 A.3d 1080 (“[W]e resort to other tools of statutory construction—such as legislative history—only when the statute is unclear or ambiguous.”).

11
Sofran Peachtree City, LLC v. Peachtree City Holdings, LLCgreen
gactapp · 2001 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Contegni v. Payne, 557 A.2d 122, 124-25 (Conn. App. Ct. 1989) (reaffirming principle that covenant exacted from grantee must be viewed as “presumptively ... for the benefit and protection of his adjoining land which [the grantor] retaine[d]” (quotation omitted)); Sofran Peachtree City, L.L.C., v. Peachtree City Holdings, L.L.C., 550 S.E.2d 429, 432 (Ga. Ct. App. 2001) (holding that evidence failed to “rebut the presumption that the . . . restriction was imposed for the benefit of the land retained by [grantor] after the sale”); see generally M.

11
Contegni v. Paynegreen
connappct · 1989 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Contegni v. Payne, 557 A.2d 122, 124-25 (Conn. App. Ct. 1989) (reaffirming principle that covenant exacted from grantee must be viewed as “presumptively ... for the benefit and protection of his adjoining land which [the grantor] retaine[d]” (quotation omitted)); Sofran Peachtree City, L.L.C., v. Peachtree City Holdings, L.L.C., 550 S.E.2d 429, 432 (Ga. Ct. App. 2001) (holding that evidence failed to “rebut the presumption that the . . . restriction was imposed for the benefit of the land retained by [grantor] after the sale”); see generally M.

11
Oxx v. Vermont Department of Taxesgreen
vt · 1992 · cited in 1 Vermont opinions naming this issue, 2008–2008
2 sentences

2008We have repeatedly stated that “the precept [of expressio unius] is only one aid to . . . interpretation and must give way to others in appropriate cases.” Id. at 166 , 616 A.2d at 239 ; Oxx v. Dep’t of Taxes, 159 Vt. 371, 375 , 618 A.2d 1321, 1324 (1992) (the maxim “is relatively weak among rules of statutory construction”); Clymer v. Webster, 156 Vt. 614, 625 , 596 A.2d 905, 912 (1991) (maxim should be applied with caution).

2008We have repeatedly stated that “the precept [of expressio unius] is only one aid to . . . interpretation and must give way to others in appropriate cases.” Id. at 166 , 616 A.2d at 239 ; Oxx v. Dep’t of Taxes, 159 Vt. 371, 375 , 618 A.2d 1321, 1324 (1992) (the maxim “is relatively weak among rules of statutory construction”); Clymer v. Webster, 156 Vt. 614, 625 , 596 A.2d 905, 912 (1991) (maxim should be applied with caution).

11
Clymer v. Webstergreen
vt · 1991 · cited in 1 Vermont opinions naming this issue, 2008–2008
2 sentences

2008We have repeatedly stated that “the precept [of expressio unius] is only one aid to . . . interpretation and must give way to others in appropriate cases.” Id. at 166 , 616 A.2d at 239 ; Oxx v. Dep’t of Taxes, 159 Vt. 371, 375 , 618 A.2d 1321, 1324 (1992) (the maxim “is relatively weak among rules of statutory construction”); Clymer v. Webster, 156 Vt. 614, 625 , 596 A.2d 905, 912 (1991) (maxim should be applied with caution).

2008We have repeatedly stated that “the precept [of expressio unius] is only one aid to . . . interpretation and must give way to others in appropriate cases.” Id. at 166 , 616 A.2d at 239 ; Oxx v. Dep’t of Taxes, 159 Vt. 371, 375 , 618 A.2d 1321, 1324 (1992) (the maxim “is relatively weak among rules of statutory construction”); Clymer v. Webster, 156 Vt. 614, 625 , 596 A.2d 905, 912 (1991) (maxim should be applied with caution).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Paul Flint v. Department of Labor green
vt · 2017
2 sentences

2019Harris v. Sherman, 167 Vt. 613, 614 , 708 A.2d 1348, 1349 (1988) (mem.) (“[W]here legislative intent can be ascertained on its face, the statute must be enforced according to its terms without resort to statutory construction.”); Flint v. Dept. of Labor, 2017 VT 89, ¶ 5 , 205 Vt. 558 , 177 A.3d 1080 (“[W]e resort to other tools of statutory construction—such as legislative history—only when the statute is unclear or ambiguous.”).

2019Harris v. Sherman, 167 Vt. 613, 614 , 708 A.2d 1348, 1349 (1988) (mem.) (“[W]here legislative intent can be ascertained on its face, the statute must be enforced according to its terms without resort to statutory construction.”); Flint v. Dept. of Labor, 2017 VT 89, ¶ 5 , 205 Vt. 558 , 177 A.3d 1080 (“[W]e resort to other tools of statutory construction—such as legislative history—only when the statute is unclear or ambiguous.”).

12019–2019
cluster 783666 green
ca9 · 2003
1 sentence

2006Ctr., 344 F.3d at 874 n.63 (rejecting claim that EPA lacked authority to designate a “category” of discharges where the residual designation authority conferred by the CWA in § 402(p)(2)(E) referred only to “a discharge” in the singular, observing that the CWA tended to “refer to ‘discharge’ in the singular, even in reference to discharges clearly intended for categorical regulation,” and relying on the interpretive rule set forth in 1 U.S.C. § 1 ).

12006–2006

Where else courts name it

CA 83 (1972–2026) OR 64 (1982–2025) PA 44 (1949–2026) NJ 24 (1953–2026) MD 18 (2002–2025) TX 18 (1985–2025) MI 16 (1958–2024) IL 16 (2010–2026) OH 15 (1996–2025) MN 11 (1980–2023) WI 10 (1995–2025) FL 9 (2006–2025) NY 9 (1932–2019) WA 8 (2008–2019) VA 8 (1990–2024) WV 7 (1989–2023) MA 7 (1995–2026) VT 7 (1997–2019) AZ 7 (2004–2024) DE 7 (1993–2026) CO 7 (1984–2021) GA 6 (2003–2024) UT 6 (2005–2026) CT 5 (2004–2024) ME 5 (1998–2022) KS 4 (1981–2019) WY 4 (1991–2026) RI 4 (1986–2007) IA 4 (2010–2026) AL 4 (2003–2015) LA 4 (1984–2016) OK 3 (2016–2020) IN 3 (1999–2026) TN 3 (1998–2019) MO 2 (2009–2021) DC 2 (1982–2010) NV 2 (2021–2022) AK 2 (2021–2024)

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.

← Caselaw search · G Cite Topics · Brief Check