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VT Supreme Court to Hear Oral Arguments at Vermont Law School

March 17, 2011

SOUTH ROYALTON, VT—The Vermont Supreme Court will hear oral arguments in seven cases at Vermont Law School in Oakes Hall on Wednesday, March 23, in the high court's annual session at the state's only law school.

The court will consider the following cases:

• Rutland Herald v. City of Rutland v. AFSCME Council 93, Local 1201, 2010-344, 9:30 a.m. - 10:00 a.m.: Whether documents related to the investigation of three Rutland City Police Department employees accused of viewing child pornography while on duty are subject to Vermont's Public Records Act.

• Rutland Herald v. Vermont State Police & Office of Attorney General, 2010-434, 10:00 a.m. - 10:30 a.m.: Whether documents related to the investigation of a Vermont State Police employee suspected of viewing child pornography while on duty are subject to Vermont's Public Records Act.

• In re JLD Properties of St. Albans, LLC, 2010-097, 11:00 a.m. - 11:30 a.m.: Whether the Vermont Environmental Court erred in affirming the site plan, conditional use approval, zoning and Act 250 permit for a proposed Wal-Mart in the town of St. Albans.

• State of Vermont v. Jeremy Robitaille, 2010-078, 1:00 p.m. - 1:30 p.m.: Whether the trial court erred in denying the motions of an assault and robbery suspect to exclude his statement to police. The defendant argued the officer failed to contact a public defender for him as required by the Vermont Public Defender Act and his statement was obtained in violation of his Miranda rights.

• Rathe Salvage, Inc. v. R. Brown & Sons, Robert & Stephanie Brown, 2010-356, 1:30 p.m. - 2:00 p.m.: Whether a new trial should be granted to R. Brown, in part, because the court denied the transporter's motion to allow the testimony of a polygraph expert who examined the transporter.

• Paul Blanchard v. Goodyear Tire & Rubber Co., 2010-250, 2:30 p.m. - 3:00 p.m.: Whether the trial court erred in granting summary judgment to Goodyear, holding that Blanchard did not establish that benzene from the tire plant caused his rare form of blood cancer, non-Hodgkin's Lymphoma, or that Goodyear's use of benzene caused the injury.

• Richard Daniels, Mascoma Savings Bank v. The Elks Club, et al., 2010-181, 3:00 p.m. - 3:30 p.m.: Whether the trial court erred in granting summary judgment in favor of Richard Daniels, a Hartford Elks trustee, who purchased the Elks Club mortgage from Mascoma Bank and moved to foreclose on the property. Appellants, including the junior creditors, argue that Daniels, Mascoma, and the Elks colluded in the foreclosure action and inflated the value of the mortgage, which will likely result in less money remaining for the junior lien holders when the property is foreclosed.

Vermont Court Rules apply for media coverage: http://www.vermontjudiciary.org/MasterDocument/CourthouseEtiquette.pdf

CONTACT: John Cramer, Associate Director of Media Relations
Office: 802.831.1106, cell: 540.798.7099, jcramer@vermontlaw.edu

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