Legal Opinion
Fitzpatrick v. Vermont State Retirement System
Supreme Court of Vermont
Decided October 31, 1978No. 50-78PublishedCited by 7 opinions
1Per curiam
The controlling question before us is the jurisdiction of this Court to entertain an attempted direct appeal by the plaintiff from a decision of the Vermont State Retirement Board, denying his request to add credit to his retirement account. The issue was raised in a motion to dismiss the appeal filed by the state.
The plaintiff concedes that there is no express statutory authority for an appeal to this Court from the actions of the Retirement Board, but contends that his right to appeal derives from 3 V.S.A. § 815. That provision of the Administrative Procedure Act permits a person who has…
2Cases cited3 opinions
- State v. MuzzySupreme Court of Vermont · 1964
- In Re Appeal of RhodesSupreme Court of Vermont · 1973
- Byrd v. KehoeSupreme Court of Vermont · 1978
3Cited by7 opinions
- Vincent v. Vermont State Retirement BoardSupreme Court of Vermont · 1987
- Mason v. Thetford School BoardSupreme Court of Vermont · 1983
- Greg R. Barringer Judith M. Barringer v. Michael D. GriffesCourt of Appeals for the Second Circuit · 1992
- Reed v. Department of Public SafetySupreme Court of Vermont · 1979
- Fitzpatrick v. Vermont State TreasurerSupreme Court of Vermont · 1984
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