State v. Vermont Emergency Board

This is an appeal from an interlocutory order under V.R.A.P. 5(b). The defendant Board appeals from a determination of probable cause by the trial court, and from denial of its motion to dismiss the information. That information, brought by the Attorney General, charged the Vermont Emergency Board (alleged to have acted through four of its five members) with meeting and discussing business of the state without a preceding public notice of the meeting, in violation of 1 V.S.A. § 312.

The facts are not disputed by the parties; however, their status as probable cause and basis for prosecution…