Earth Construction, Inc. v. State of Vermont Agency of Transportation

¶ 1. Plaintiff Earth Construction, Inc. appeals, following our decision and remand to the superior court to consider whether plaintiff had any claims remaining that lay outside the boundaries of the Transportation Board’s jurisdiction. We previously ruled that plaintiff was precluded from relitigating any claims that were within the Board’s jurisdiction because plaintiff failed to properly appeal from the Board’s final order disposing of those claims. After reviewing the statute that delineates the scope of the Board’s jurisdiction, and carefully considering plaintiff’s complaint, the…