Legal Opinion · Dissent

Rhoades Salvage/ABC Metals v. Town of Milton Selectboard

Supreme Court of Vermont

Decided October 21, 2010No. 2009-432, JUNE TERM, 2010Published

1Dissent

Skoglund, J.,

¶ 22. dissenting. It was a shouting match. Apparently there were local scores to settle. Audience members questioned one another, talked over evidence, and interrupted the selectboard members. Doors were slammed and petty grievances were aired. No “witness” was sworn in. There was no real opportunity to challenge the relevance of testimony or the competence or expertise or bias of any “witness.” This is the proceeding the majority equates with a formal agency adjudication. The seleetboard’s conclusion was something, but it was certainly not in the same league as a decision by an…

2Cases cited7 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Chioffi v. Winooski Zoning BoardSupreme Court of Vermont · 1989
  3. State of Vermont Department of Taxes v. Tri-State Industrial Laundries, Inc.Supreme Court of Vermont · 1980
  4. Devers-Scott v. Office of Professional RegulationSupreme Court of Vermont · 2007
  5. Town of Killington v. Department of TaxesSupreme Court of Vermont · 2003

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