State v. Irving Oil Corp.

¶ 1. The question presented is whether a State environmental-enforcement action seeking declaratory and injunctive relief, recovery of response costs, and civil penalties triggers the right to a jury trial under Chapter I, Article 12 of the Vermont Constitution. We hold that the relief sought by the State in this case is essentially equitable in nature and, therefore, that the right to trial by jury does not attach. The trial court’s conclusion to the contrary is reversed.

¶ 2. The facts and procedural history may be summarized as follows. In December 2003, the State of Vermont — through the…