Legal Opinion · Concurrence

Miner v. DISTRICT COURT OF VERMONT, ETC.

Supreme Court of Vermont

Decided September 11, 1978No. 72-77Published

1ConcurrenceBillings, J.

I agree with the result reached by the majority opinion, and I also concur that a petition for extraordinary relief is the only method for review of hearings in district court pursuant to 23 V.S.A. § 1205(a) since no appeal lies directly from such hearings. See State v. Muzzy, *431124 Vt. 222, 202 A.2d 267 (1964). The superior court jurisdiction rests on the provisions of 4 V.S.A. § 113. State v. Lyon, 129 Vt. 141, 274 A.2d 478 (1971). See also 4 V.S.A. § 2(b).

I disagree, however, with the statement in the majority opinion that V.R.C.P. 75(a) governs the procedural aspects here involved. The…

2Cases cited2 opinions

  1. State v. MuzzySupreme Court of Vermont · 1964
  2. State v. LyonSupreme Court of Vermont · 1971

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