straightforward test (Vermont) · Go Syfert
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straightforward test in Vermont

7 Vermont opinions name it 1 courts 1996–2022 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.

Followed or applied (5)

CaseFollowedCited
In Re Rusingreen
vt · 1994 · cited in 3 Vermont opinions naming this issue, 1996–2006
2 sentences

2006In addition, this Court has recognized that Act 250 decisions are “inherently fact-bound and difficult to reduce to a straightforward test,” Sec’y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484, 486 (1996), and that the outcome of such decisions often cannot be “preordained by an inflexible definition” of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

2006In addition, this Court has recognized that Act 250 decisions are “inherently fact-bound and difficult to reduce to a straightforward test,” Sec’y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484, 486 (1996), and that the outcome of such decisions often cannot be “preordained by an inflexible definition” of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

23
SEC. AGENCY OF NAT. RESOURCES v. Shortgreen
vt · 1996 · cited in 1 Vermont opinions naming this issue, 2006–2006
2 sentences

2006In addition, this Court has recognized that Act 250 decisions are “inherently fact-bound and difficult to reduce to a straightforward test,” Sec’y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484, 486 (1996), and that the outcome of such decisions often cannot be “preordained by an inflexible definition” of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

2006In addition, this Court has recognized that Act 250 decisions are "inherently fact-bound and difficult to reduce to a straightforward test," Sec'y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484 , 486 (1996), and that the outcome of such decisions often cannot be "preordained by an inflexible definition" of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

11
United States v. Marcus Hoopergreen
ca2 · 1994 · cited in 1 Vermont opinions naming this issue, 2004–2004
1 sentence

2004See Hooper, 43 F.3d at 28-29 ; see also Silivanch, 333 F.3d at 370 (attorney’s misunderstanding of clear rule cannot constitute excusable neglect that relieves party of consequences of filing untimely appeal); United States v. Gibson, 832 F. Supp. 324, 327 (D.

11
United States v. Gibsongreen
ksd · 1993 · cited in 1 Vermont opinions naming this issue, 2004–2004
1 sentence

2004See Hooper, 43 F.3d at 28-29 ; see also Silivanch, 333 F.3d at 370 (attorney’s misunderstanding of clear rule cannot constitute excusable neglect that relieves party of consequences of filing untimely appeal); United States v. Gibson, 832 F. Supp. 324, 327 (D.

11
cluster 782407green
ca2 · 2003 · cited in 1 Vermont opinions naming this issue, 2004–2004
1 sentence

2004See Hooper, 43 F.3d at 28-29 ; see also Silivanch, 333 F.3d at 370 (attorney’s misunderstanding of clear rule cannot constitute excusable neglect that relieves party of consequences of filing untimely appeal); United States v. Gibson, 832 F. Supp. 324, 327 (D.

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 (4)

CaseCitedYears
Okemo Mountain, Inc. v. Town of Ludlow green
vt · 2000
1 sentence

2022Okemo set forth a straightforward test to determine whether an abutting landowner retains a private right of access over an abandoned or discontinued road: “(1) the person claiming the land must own land that abuts the road, and (2) the road must be a public road.” Id. at 207, 762 A.2d at 1225 .

12022–2022
Brady v. Maryland green
scotus · 1963
1 sentence

2018Brady announces a straightforward rule: "[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Id . at 87 , 83 S.Ct. 1194 .

12018–2018
People v. Tracie G. green
illappct · 2010
2 sentences

2018In the face of these challenges, a legal presumption of conflict, rather than a case-by-case analysis, provides a straightforward rule for attorneys and courts to apply. "[A] clear rule will inform the trial court not to accept an appearance from an attorney who already, at some point during the proceedings, appeared on behalf of another party." In re Darius G. , 346 Ill.Dec. 634 , 941 N.E.2d at 201 .

2018In the face of these challenges, a legal presumption of conflict, rather than a case-by-case analysis, provides a straightforward rule for attorneys and courts to apply. "[A] clear rule will inform the trial court not to accept an appearance from an attorney who already, at some point during the proceedings, appeared on behalf of another party." In re Darius G. , 346 Ill.Dec. 634 , 941 N.E.2d at 201 .

12018–2018
Secretary, Agency of Natural Resources v. Short green
vt · 1996
2 sentences

2006In addition, this Court has recognized that Act 250 decisions are “inherently fact-bound and difficult to reduce to a straightforward test,” Sec’y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484, 486 (1996), and that the outcome of such decisions often cannot be “preordained by an inflexible definition” of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

2006In addition, this Court has recognized that Act 250 decisions are "inherently fact-bound and difficult to reduce to a straightforward test," Sec'y, Agency of Natural Res. v. Short, 165 Vt. 277, 281 , 682 A.2d 484 , 486 (1996), and that the outcome of such decisions often cannot be "preordained by an inflexible definition" of a term, In re Rusin, 162 Vt. at 190 , 643 A.2d at 1211-12 . ¶ 10.

12006–2006

Where else courts name it

CA 25 (1979–2025) PA 13 (1984–2026) MI 13 (1976–2023) TX 13 (1982–2024) IL 12 (1991–2019) NJ 10 (1984–2026) VT 7 (1996–2022) WA 7 (1994–2026) NY 7 (1996–2025) DE 6 (2007–2026) NM 5 (2007–2025) LA 5 (1994–2025) WI 4 (2000–2024) NC 4 (1984–2019) GA 4 (2011–2024) MD 4 (1996–2026) MN 4 (1999–2026) OR 3 (1986–2003) VA 3 (2023–2025) MA 3 (1974–2017) WV 3 (1983–2020) OH 3 (2019–2025) KS 2 (2014–2022) FL 2 (1981–2025) NE 2 (1990–1993) KY 2 (2020–2021) MO 2 (1981–2003) ID 2 (2022–2022) AR 2 (2005–2024) IN 2 (1983–2020) DC 2 (2008–2020) UT 2 (2005–2023) IA 2 (2019–2022) SC 2 (2017–2019)

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.

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