Legal Opinion

Malletts Bay Homeowners'ass'n, Inc. v. Mongeon Bay Properties, LLC

Supreme Court of Vermont

Decided May 1, 2008No. 07-032PublishedCited by 4 opinions

1Opinion of the Court

¶ 1. In this partition action, plaintiff homeowners’ association appeals from a decision of the superior court granting partition by authorizing defendant to buy plaintiff’s interest. In particular, plaintiff contends that: (1) the trial court failed to exercise independent judgment in balancing the equities of the case; (2) the court abused its discretion in assigning the property in question to defendant when the commissioners did not follow the instructions given in the court’s letter of reference; (3) the court erred in relying on an incorrect interpretation of this Court’s decision in…

2Cases cited10 opinions

  1. United States v. CunninghamCourt of Appeals for the Fourth Circuit · 1957
  2. Town of Sherburne v. CarpenterSupreme Court of Vermont · 1990
  3. Monti v. Town of NorthfieldSupreme Court of Vermont · 1977
  4. Kruse v. Town of WestfordSupreme Court of Vermont · 1985
  5. Wilk v. WilkSupreme Court of Vermont · 2002

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3Cited by4 opinions

  1. Beverly Newton Wells v. Pall SperaSupreme Court of Vermont · 2023
  2. Snide v. Burke-SchoffVermont Superior Court · 2014
  3. Tejada v. CorderoVermont Superior Court · 2021
  4. snide v. burkeschoffVermont Superior Court · 2023

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