Pockette v. LaDuke

This case calls upon us to clarify the role of assistant judges in equity cases pending before a superior court. A brief recitation of the facts reveals the necessity of the rule we lay down today.

Defendant installed an oil tank on plaintiffs’ property without permission or warning. Over four years later, plaintiffs filed suit in Rutland Superior Court for an injunction to have the tank removed and for damages and costs. Plaintiffs alleged they were without adequate remedy at law. Defendant answered with a general denial and an affirmative defense sounding in laches.

Following a hearing held…