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7 Vermont opinions name it 2 courts 1993–2024 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 |
|---|---|---|
Board of Regents of State Colleges v. Rothgreen2 sentences2016Ahern v. Mackey, 2007 VT 27, ¶ 11 , 181 Vt. 599 , 925 A.2d 1011 (mem.) (“A protected property interest arises where the plaintiff can demonstrate a legitimate claim of entitlement created by state law, rather than a mere unilateral expectation.” (quotations and citations omitted)); see also Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) (“Property interests . . . are not created by the Constitution. 2014A plaintiff may have a legitimate claim to government employment when “an implied agreement or policy exists,” Brennan, 169 Vt. at 179 , 730 A.2d at 605 , but the plaintiff “clearly must have more than an abstract need or desire for it.” Bd. of Regents of State Colls, v. Roth, 408 U.S. 564, 577 (1972); cf. LaFlamme v. Essex Junction Sch. | 2 | 2 |
LaFlamme v. Essex Junction School Districtgreen2 sentences2014Dist., 170 Vt. 475, 484 , 750 A.2d 993, 1000 (2000) (stating that mere unilateral hope of becoming elected village trustee does not rise to level of entitlement). *198 ¶ 21. 2014Dist., 170 Vt. 475, 484 , 750 A.2d 993, 1000 (2000) (stating that mere unilateral hope of becoming elected village trustee does not rise to level of entitlement). *198 ¶ 21. | 1 | 1 |
Rideout v. Knoxgreen1 sentence2002Compare DeCecco, 381 A.2d at 545 (holding that malice must be primary – not sole – motive) with Rideout v. Knox, 19 N.E. 390, 392 (Mass. 1889) (holding that malevolence must be dominant motive, not merely one motive among many). | 1 | 1 |
DeCecco v. Beachgreen1 sentence2002Compare DeCecco, 381 A.2d at 545 (holding that malice must be primary – not sole – motive) with Rideout v. Knox, 19 N.E. 390, 392 (Mass. 1889) (holding that malevolence must be dominant motive, not merely one motive among many). | 1 | 1 |
Perry v. Sindermanngreen1 sentence1999See Perry v. Sindermann, 408 U.S. 593, 602-03 (1972) (recognizing that de facto tenure process at state school may create protectable property interest in employment). | 1 | 1 |
Connecticut Board of Pardons v. Dumschatgreen2 sentences1993Under both federal and state law, the answer depends on whether the inmate asserting the right has "a legitimate claim of entitlement" to the interest, id. at 460 , 109 S.Ct. at 1908 , rather than a mere "`unilateral hope.'" Id. (quoting Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465 , 101 S.Ct. 2460, 2465 , 69 L.Ed.2d 158 (1981)). 1993Under both federal and state law, the answer depends on whether the inmate asserting the right has “a legitimate claim of entitlement” to the interest, id. at 460 , rather than a mere “‘unilateral hope.”’ Id. (quoting Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465 (1981)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Town of Castle Rock v. Gonzales
green
1 sentence2024But Monsanto argues that Tull still applies here because it is “federal constitutional law” that determines whether a property interest “rises to the level of a legitimate claim of entitlement protected by the Due Process 24 Clause.” Town of Castle Rock, Colorado v. Gonzales, 545 U.S. 748 , 756–57 (2005) (emphasis and quotation omitted). | 1 | 2024–2024 |
Donald Gould v. Town of Monkton
green
2 sentences2020Thus, to assert a valid claim of deprivation of property without due process, the CCSD must “demonstrate more than a mere expectation; rather, [it] must demonstrate that state law has created a legitimate claim of entitlement to the property interest.” Gould v. Town of Monkton, 2016 VT 84, ¶ 19 , 202 Vt. 535 , 150 A.3d 1084 . ¶ 20. 2020Thus, to assert a valid claim of deprivation of property without due process, the CCSD must “demonstrate more than a mere expectation; rather, [it] must demonstrate that state law has created a legitimate claim of entitlement to the property interest.” Gould v. Town of Monkton, 2016 VT 84, ¶ 19 , 202 Vt. 535 , 150 A.3d 1084 . ¶ 20. | 1 | 2020–2020 |
In re Petition of New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
green
1 sentence2020We conclude that the CCSD has demonstrated no legitimate claim of entitlement to the amount paid to Major in the period between the claims adjudicator’s determination and the 5 As noted in In re New Cingular Wireless PCS, LLC, the “core holding” of Great Waters survives the subsequent repudiation of one aspect of our rationale. 2012 VT 46 , ¶ 14 n. 4. 10 ALJ’s reversal, and, therefore, no constitutionally protected property interest therein.6 The CCSD does not suggest that it has any common-law or contractual entitlement to this sum, and, for the reasons set forth above, neither VAPA nor 21 V. | 1 | 2020–2020 |
Ahern v. Mackey
green
2 sentences2016Ahern v. Mackey, 2007 VT 27, ¶ 11 , 181 Vt. 599 , 925 A.2d 1011 (mem.) (“A protected property interest arises where the plaintiff can demonstrate a legitimate claim of entitlement created by state law, rather than a mere unilateral expectation.” (quotations and citations omitted)); see also Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) (“Property interests . . . are not created by the Constitution. 2016Ahern v. Mackey, 2007 VT 27, ¶ 11 , 181 Vt. 599 , 925 A.2d 1011 (mem.) (“A protected property interest arises where the plaintiff can demonstrate a legitimate claim of entitlement created by state law, rather than a mere unilateral expectation.” (quotations and citations omitted)); see also Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) (“Property interests . . . are not created by the Constitution. | 1 | 2016–2016 |
Brennan v. Town of Colchester
green
2 sentences2014A plaintiff may have a legitimate claim to government employment when “an implied agreement or policy exists,” Brennan, 169 Vt. at 179 , 730 A.2d at 605 , but the plaintiff “clearly must have more than an abstract need or desire for it.” Bd. of Regents of State Colls, v. Roth, 408 U.S. 564, 577 (1972); cf. LaFlamme v. Essex Junction Sch. 2014A plaintiff may have a legitimate claim to government employment when “an implied agreement or policy exists,” Brennan, 169 Vt. at 179 , 730 A.2d at 605 , but the plaintiff “clearly must have more than an abstract need or desire for it.” Bd. of Regents of State Colls, v. Roth, 408 U.S. 564, 577 (1972); cf. LaFlamme v. Essex Junction Sch. | 1 | 2014–2014 |
Kentucky Department of Corrections v. Thompson
green
2 sentences1993Under both federal and state law, the answer depends on whether the inmate asserting the right has “a legitimate claim of entitlement” to the interest, id. at 460 , rather than a mere “‘unilateral hope.”’ Id. (quoting Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465 (1981)). 1993Under both federal and state law, the answer depends on whether the inmate asserting the right has “a legitimate claim of entitlement” to the interest, id. at 460 , rather than a mere “‘unilateral hope.”’ Id. (quoting Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465 (1981)). | 1 | 1993–1993 |
Olim v. Wakinekona
green
2 sentences1993As the Court stated in Olim v. Wakinekona, 461 U.S. at 249 , 103 S.Ct. at 1747 : [A] State creates a protected liberty interest by placing substantive limitations on official discretion. 1993As the Court stated in Olim v. Wakinekona, 461 U.S. at 249 : [A] State creates a protected liberty interest by placing substantive limitations on official discretion. | 1 | 1993–1993 |
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.