On February 26, 2024, SCOV issues a published Entry Order on a hold-without-bail case. This one is a little different because the State is appealing the trial court's decision to let someone out on bail. Defendant is charged with accessory after the fact to murder. The State argues that this is a crime of violence (a necessary element for a hold-without-bail order). The trial court and SCOV disagree. Even if the State ultimately has to prove a violent act, the accessory-after-the-fact charge does not include violence as an element. SCOV affirms the trial court. State v. Bulson, 2024 VT 15 (mem.)
On March 1, SCOV issues two opinions.
First, we have a case dealing with contempt and fines in a zoning-enforcement action in the environmental division after landowner "repeatedly failed to comply with prior orders." Landowner appeals, arguing constitutional violations, among other things. SCOV agrees with Town that landowner's arguments are impermissible collateral attacks and affirms. Pawlet v. Banyai, 2024 VT 13.
Second, we have a case about standing. A grant got awarded and one of the applicants didn't like that. So the applicant filed suit against lots of governmental and nongovernmental entities. Ultimately, the trial court dismissed the suit, reasoning that applicant lacked standing to bring the claim. SCOV, without too much fanfare, affirms. Because applicant has no legal right to the grant money, there's no actual harm, and thus, no standing. The trial court got this one right. Housing Our Seniors in Vermont, Inc. v. Agency of Commerce & Community Dev., 2024 VT 12.
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