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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 901 (2026)

Actions by or against town officers

✓ current as of May 2026
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Subchapter 004 : ACTIONS BY OR AGAINST OFFICERS; LIABILITY; PENALTIES

(Cite as: 24 V.S.A. § 901)
Notes of Decisions
Cited in 34 cases (11 in the last 5 years), 1976–2026 · leading case: Gallipo v. City of Rutland, 789 A.2d 942 (Vt. 2001).
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Gallipo v. City of Rutland, 789 A.2d 942 (Vt. 2001). · cites it 7× “may be held personally liable under VFEPA because the municipal officer immunities law, 24 V.S.A. § 901, does not apply. We affirm in part, reverse in part, and remand for further proceedings.”
Stone v. Irasburg, Town of, 2014 VT 43, 98 A.3d 769. · cites it 6× “be elected into office, agreeably to the regulations made in this constitution”); (2) civil rights violation arising from the selectboard’s actions in demanding an increase in bonding and ousting plaintiff without' a vote; (3) common law defamation; (4) tortious interference…”
Holmberg v. Brent, 636 A.2d 333 (Vt. 1993). · cites it 6× “Therefore, assuming the fire chief is a “municipal officer,” 24 V.S.A. § 901 would apply to the village and require that the action be brought against the village, unless § 901 conflicts with a law specifically applicable to the village.”
In Re Town High. No. 20, 2012 VT 17, 45 A.3d 54. · cites it 2× “24 V.S.A. § 901(a) (requiring that any suit against town officers "shall be brought against such town").”
Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson & Town of St. Johnsbury, 2015 VT 5, 115 A.3d 423. · cites it 2× “As required under 24 V.S.A. § 901(a), an action against an “appointed or elected municipal officer” must be brought instead against the town.”
Morway v. Trombly, 789 A.2d 965 (Vt. 2001). · cites it 2× “§ 901 (suits against municipal or town school district "officer" must be brought against municipalities; municipalities must assume legal fees incurred by officers for their unmalicious acts committed while performing official duties) and 24 V.”
Donald J. Coon v. Town of Springfield, Vt Richard J. Ripchick Tom Bishop Mabel Bishop, Town of Springfield, Vt, & Richard J. Ripchick, 404 F.3d 683 (2d Cir. 2005). “Coon relies on 24 V.S.A. § 901, “Actions by or against town officers,” which states as follows: *687 (a) Where an action is given to any appointed or elected municipal officer or town school district officer, the action shall be brought in the name of the town in which the…”
Hudson v. Town of East Montpelier, 638 A.2d 561 (Vt. 1993). “See 24 V.S.A. § 901 (suits against municipal officers must be brought against municipalities; municipalities must assume legal fees incurred by officers sued for their nonmalicious acts committed while performing official duties); 24 V.”
Paul Civetti v. Selby Turner & Town of Isle La Motte, 2022 VT 64, 296 A.3d 132. “¶ 15; see also 24 V.S.A. § 901(a) (governing actions by or against municipal officers and employees).”
Hee v. Everlof, 812 F. Supp. 1350 (D. Vt. 1993). · cites it 2× “In light of the fact that the Department can only act through its agents or officers, it naturally follows that if the City of Burlington is the properly named party in the lawsuit against the police officers acting in their official capacity, it must also be the party properly…”
Burwell v. Peyton, 131 F. Supp. 3d 268 (D. Vt. 2015). “Pursuant to 24 V.S.A. § 901(a), an action against “any appointed or elected municipal officer” must be “brought in the name of the town in which the officer' serves[.”
Simuro v. Shedd, 176 F. Supp. 3d 358 (D. Vt. 2016). “Simuro makes an additional argument that the Town of Windsor may be liable for Shedd’s intentional torts pursuant to 24 V.S.A. § 901. Section 901 provides that actions brought against "any appointed or elected municipal officer" shall be brought against the municipality, and…”
Show all 34 citing cases →
Vt. Stat. Ann. tit. 24, § 901(a): 23 cases
Gallipo v. City of Rutland, 789 A.2d 942 (Vt. 2001). “may be held personally liable under VFEPA because the municipal officer immunities law, 24 V.S.A. § 901, does not apply. We affirm in part, reverse in part, and remand for further proceedings.”
In Re Town High. No. 20, 2012 VT 17, 45 A.3d 54. “24 V.S.A. § 901(a) (requiring that any suit against town officers "shall be brought against such town").”
Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson & Town of St. Johnsbury, 2015 VT 5, 115 A.3d 423. “As required under 24 V.S.A. § 901(a), an action against an “appointed or elected municipal officer” must be brought instead against the town.”
Holmberg v. Brent, 636 A.2d 333 (Vt. 1993). “Therefore, assuming the fire chief is a “municipal officer,” 24 V.S.A. § 901 would apply to the village and require that the action be brought against the village, unless § 901 conflicts with a law specifically applicable to the village.”
Paul Civetti v. Selby Turner & Town of Isle La Motte, 2022 VT 64, 296 A.3d 132. “¶ 15; see also 24 V.S.A. § 901(a) (governing actions by or against municipal officers and employees).”
Vt. Stat. Ann. tit. 24, § 901(b): 3 cases
Stone v. Irasburg, Town of, 2014 VT 43, 98 A.3d 769. “be elected into office, agreeably to the regulations made in this constitution”); (2) civil rights violation arising from the selectboard’s actions in demanding an increase in bonding and ousting plaintiff without' a vote; (3) common law defamation; (4) tortious interference…”
Holmberg v. Brent, 636 A.2d 333 (Vt. 1993). “Therefore, assuming the fire chief is a “municipal officer,” 24 V.S.A. § 901 would apply to the village and require that the action be brought against the village, unless § 901 conflicts with a law specifically applicable to the village.”
Witherbee v. Town of Brattleboro, No. 2:18-cv-00113 (D. Vt. June 13, 2019).
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