restrictive clause (Vermont) · Go Syfert
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restrictive clause in Vermont

6 Vermont opinions name it 2 courts 1899–2023 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
Rubin v. Sterling Enterprises, Inc.green
vt · 1996 · cited in 2 Vermont opinions naming this issue, 2008–2009
2 sentences

2009The decision to grant relief requested by a motion to amend or reconsider is “committed to the court’s sound discretion.” Rubin v. Sterling Enters., 164 Vt. 582, 588 (1996).

2008A motion to reconsider allows the court to modify a decision in order to relieve a party from “the unjust operation of the record resulting from the mistake or inadvertence of the court and not the fault or neglect of a party.” Rubin v. Sterling Enters., 164 Vt. 582, 588 (1996).

22
Harold B. Dorman v. United Statesgreen
cadc · 1970 · cited in 1 Vermont opinions naming this issue, 2023–2023
2 sentences

2023Police “reasonably believed [defendant] to be armed.” Id. (recognizing that “[d]elay in arrest of an armed felon may well increase danger to the community meanwhile, or to the officers at time of arrest”).

2023Looking to the Dorman factors as a guide, the case involves “a grave offense” and “one that is a crime of violence.” 435 F.2d at 392 (recognizing that “the restrictive requirement for a warrant is more likely to be retained, and the need for proceeding without a warrant found lacking, when the offense is what has been sometimes referred to as one of the ‘complacent’ crimes, like gambling”).

11
Tanis v. Township of Hamptongreen
njsuperctappdiv · 1997 · cited in 1 Vermont opinions naming this issue, 2011–2011
2 sentences

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

11
In Re Scheibergreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2011–2011
2 sentences

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

11
Town of Salem v. Durrettgreen
nh · 1984 · cited in 1 Vermont opinions naming this issue, 2011–2011
2 sentences

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

2011See In re Scheiber, 168 Vt. 534, 539 , 724 A.2d 475, 478 (1998) (affirming that private shooting range was not a zoneable structure even when regulations were silent on the subject and zoning ordinance contained a restrictive clause); see also Town of Salem v. Durrett, 480 A.2d 9, 10 (N.H. 1984) (recognizing “the impossibility of providing expressly by zoning ordinance for every possible lawful use”); Tanis v. Twp. of Hampton, 704 A.2d 62, 68 (N.J.

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
Miller-Jenkins v. Miller-Jenkins green
vt · 2006
2 sentences

2017These concerns do not apply to the more restrictive test articulated in Miller-Jenkins , in which the Court assigned considerable significance to the following facts: before bringing the child into their family, both parents intended and expected that the nonbiological parent would be the child's legal parent; the nonbiological mother participated in the decision that the biological mother would bear a child conceived through donor insemination and participated actively in the prenatal care and birth; both parents treated the child as a child of both the biological and nonbiological mother dur

2017These concerns do not apply to the more restrictive test articulated in Miller-Jenkins , in which the Court assigned considerable significance to the following facts: before bringing the child into their family, both parents intended and expected that the nonbiological parent would be the child's legal parent; the nonbiological mother participated in the decision that the biological mother would bear a child conceived through donor insemination and participated actively in the prenatal care and birth; both parents treated the child as a child of both the biological and nonbiological mother dur

12017–2017
M. Noyes & Co. v. Nichols green
vt · 1855
1 sentence

1899We are not aware that this court has passed upon the matter; although an expression of Judge Bennett in Noyes v. Nichols, 28 Vt. 159 , has led«a text-writer to infer that it favored the view first stated.

11899–1899

Where else courts name it

CT 84 (1927–2024) TX 79 (1841–2025) CA 52 (1917–2025) FL 47 (1943–2024) NY 42 (1840–2022) PA 42 (1904–2020) NJ 35 (1876–2011) OR 29 (1914–2025) LA 26 (1906–2023) MD 25 (1971–2021) IL 20 (1899–2023) MO 20 (1887–2018) MI 19 (1915–2026) AZ 16 (1960–2011) WA 15 (1910–2020) UT 15 (1880–2025) OH 13 (1973–2019) MA 12 (1926–2022) NC 12 (1897–2011) GA 12 (1976–2024) ID 11 (1944–2014) IA 11 (1911–2021) TN 11 (1958–2022) WI 11 (1936–2016) AL 10 (1915–2007) CO 10 (1975–2021) ME 8 (1978–2021) WV 8 (1984–2022) KS 7 (1874–2007) IN 7 (1855–2020) DE 6 (1975–1996) OK 6 (1930–2009) VT 6 (1899–2023) SD 6 (1983–2005) ND 6 (1916–2008) DC 6 (1956–2024) KY 5 (1912–2012) NM 5 (1940–2015) MS 5 (1952–1998) NE 5 (1957–2013) MN 5 (1941–2015) NH 5 (1817–2007) MT 4 (1923–2000) AR 4 (1906–2007) WY 4 (1991–2008) HI 4 (1971–2022) SC 3 (1990–2018) AK 2 (1994–2012) PR 2 (1927–1965)

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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