Legal Opinion

In Re Diel

Supreme Court of Vermont

Decided June 19, 1992No. 91-097PublishedCited by 17 opinions

1Opinion of the CourtGibson, J.

Petitioners appeal from a decision of the Human Services Board denying them recalculated welfare benefits for four months in 1989. They argue that the rescission by the Department of Social Welfare of a policy change that made them eligible for higher monthly payments under the Aid to Needy Families with Children (ANFC) program was void because it violated due process and the Vermont Administrative Procedure Act (APA). We reverse.

On January 30, 1989, the Department instructed its district offices not to consider federal fuel and utility subsidies when calculating the income of ANFC…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Sierra Club v. MortonSupreme Court of the United States · 1972
  4. United States v. Florida East Coast Railway Co.Supreme Court of the United States · 1973
  5. Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984

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3Cited by17 opinions

  1. King v. GorczykSupreme Court of Vermont · 2003
  2. In re Stormwater NPDES PetitionSupreme Court of Vermont · 2006
  3. In Re Woodford Packers, Inc.Supreme Court of Vermont · 2003
  4. Gasoline Marketers of Vermont, Inc. v. Agency of Natural ResourcesSupreme Court of Vermont · 1999
  5. In Re PalmerSupreme Court of Vermont · 2000

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