(a) Any aggrieved licensed user or taxpayer may have any decision, order, or finding of
the Commissioner made under this chapter reviewed under Rule 75 of the Vermont Rules
of Civil Procedure. Such review shall be to the Washington Superior Court or, in
the discretion of the appellant, to the Superior Court in the county where the licensed
person has his or her principal place of business or residence. The hearing on the
review shall be de novo.
(b) The appeal provided by this section shall be the exclusive remedy available to any
licensed user or taxpayer for review of a decision of the Commissioner. (Added 1981, No. 172 (Adj. Sess.), § 1; amended 1985, No. 58, § 6.)
Notes of Decisions
Cited in 4
cases, 1967–2015 · leading case: Jordan v. State, 702 A.2d 58 (Vt. 1997).
Jordan v. State, 702 A.2d 58 (Vt. 1997). · cites it 4דHaving requested and received administrative review of the assessment, the Jordans were within their statutory rights to seek de novo review of the Commissioner’s December 1995 decision in superior court pursuant to 23 V.S.A. § 3023. AOT argues, however, that the Jordans’…”
Am. Trucking Associations, Inc. v. Conway, 508 A.2d 408 (Vt. 1986). “power was confined to declaring the rights of the parties and ordering prospective relief, a declaratory judgment was sufficient without the need for injunctive relief; (2) a monetary judgment was barred by the doctrine of sovereign immunity; and (3) while the superior court…”
Roxanne Moran v. Vermont State Ret. Bd. & Vermont State Treasurer, 2015 VT 119 (Vt. 2015). “§ 4474g (Department of Public Safety denials of marijuana dispensary registration identification cards); 23 V.S.A. § 3023 (decisions by Commissioner of Motor Vehicles regarding diesel fuel tax); 28 V.”
In Re Crescent Beach Ass'n, 236 A.2d 497 (Vt. 1967). “” This statute would have applied here except for 23 V.S.A. §3023 which allows the applicant to go ahead on the decision of the board of adjustment unless this special privilege is denied and restrained by the court.”
— Vt. Stat. Ann. tit. 23, § 3023(a) — 1 case
Jordan v. State, 702 A.2d 58 (Vt. 1997). “Having requested and received administrative review of the assessment, the Jordans were within their statutory rights to seek de novo review of the Commissioner’s December 1995 decision in superior court pursuant to 23 V.S.A. § 3023. AOT argues, however, that the Jordans’…”
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