Latest 4 Cases: Vermont v. Stephens (Constitutional Law), In re ACTD LLC, d/b/a The Green Mountain Surgery Center (Government & Administrative ...

Reflections on the Pending Supreme Court Challenge to the Affordable Care Act in California v. Texas: Part One in a Series

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this first of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone examine the stare decisis effects of the Supreme Court’s initial blockbuster decision involving the ACA. The authors demonstrate several, perhaps surprising, ways that the earlier decision should shape how the Court views the present challenge.

Read More

Vermont v. Stephens

Citation: 2020 VT 87

Opinion Date: October 2, 2020

Judge: Cohen

Areas of Law: Constitutional Law, Criminal Law

Defendant Robert Stephens appealed after he was convicted by jury of attempted sexual assault. On appeal, he argued: (1) the State’s evidence at trial was insufficient to establish the offense charged in the State’s information, and the trial court’s instruction permitted the jury to convict him for conduct not charged by the State; (2) the trial court erred by excluding evidence of an alleged prior sexual encounter between defendant and the complainant; (3) the court erred by allowing the State to present evidence of flight as consciousness of guilt and by not giving the jury a precautionary instruction on the limited probative value of that evidence; (4) the conviction must be vacated because the criminal case was not disposed of within the time frame set forth in the Interstate Agreement on Detainers (IAD); and (5) the court erred by not granting him a new trial based on newly discovered evidence. Finding no reversible error, the Vermont Supreme Court affirmed.

In re ACTD LLC, d/b/a The Green Mountain Surgery Center

Citation: 2020 VT 89

Opinion Date: October 2, 2020

Judge: Eaton

Areas of Law: Government & Administrative Law, Health Law, Zoning, Planning & Land Use

During the certificate of need (CON) application process, applicant ACTD, LLC (operator of the Green Mountain Surgery Center (GMSC), a for-profit multi-specialty ambulatory surgery center), indicated that it initially planned to offer surgical services in five identified specialties. After the CON was issued, applicant notified the Board that in addition to these five specialties, it planned to offer plastic surgery and ophthalmology procedures. The Board chose to review these changes and, after hearing, issued a decision clarifying that the original CON was limited in scope to the five specialties applicant had identified in its application, and that the proposed addition of plastic surgery and ophthalmology procedures was a nonmaterial change to the project. The Board concluded that applicant had demonstrated a need for greater access to plastic surgery and ophthalmology procedures currently performed in a hospital setting and approved the addition of these services. However, it rejected applicant’s proposal to offer ophthalmology procedures already available at another ambulatory surgery center nearby. The Board also extended applicant’s implementation reporting period for two additional years. Applicant argued on appeal of the Board's decision that the Board improperly restricted the scope of the CON and lacked the power to extend the reporting requirement. Finding that the Board acted within its authority, the Vermont Supreme Court affirmed its decision.

Alpine Haven Property Owners' Assn, Inc. v. Deptula

Citation: 2020 VT 88

Opinion Date: October 2, 2020

Judge: Paul L. Reiber

Areas of Law: Real Estate & Property Law

Homeowner Edward Deptula appealed pro se a judgment in favor of plaintiff Alpine Haven Property Owners’ Association, Inc. (AHPOA) and third-party defendants Estate of Robert Gensburg and Gensburg & Greaves, PLLC (collectively Gensburg) in a long-running dispute over homeowner fees. AHPOA’s billing was based either on voluntary membership in AHPOA, or a homeowner’s obligation by deed and/or equity to pay for certain services that AHPOA provided. AHPOA owns and maintains a 4.5-mile road network within Alpine Haven, which almost all owners need to access their properties. AHPOA is also responsible for the streetlights, snowplowing, and garbage disposal within Alpine Haven. Deptula purchased a chalet lot in 1972. He has repeatedly refused to pay AHPOA’s annual assessments and those of AHPOA’s predecessor-in-interest and assignor, Leisure Properties. This has led to numerous collection actions. On appeal of this latest challenge to the assessments, Deptula raised numerous arguments, but finding no reversible error in the judgment in favor of AHPOA, the Vermont Supreme Court affirmed.

Khan et al. v. v. Alpine Haven Property Owners' Assn., Inc.

Citation: 2020 VT 90

Opinion Date: October 2, 2020

Judge: Paul L. Reiber

Areas of Law: Real Estate & Property Law

In prior proceedings, the Vermont Supreme Court remanded this case involving Alpine Haven, a residential development in the Towns of Montgomery and Westfield, Vermont. The case was remanded to the trial court for a determination of the basis upon which the Alpine Haven Property Owners Association, Inc. (AHPOA) could bill plaintiffs for services that AHPOA provided. The trial court determined that those plaintiffs who owned “Chalet Lots” were required by their deeds to pay AHPOA a reasonable fee for road maintenance, snowplowing, and garbage removal; those plaintiffs who owned “Large Lots” were required by statute and equitable principles to contribute to AHPOA’s road maintenance costs. The court concluded plaintiffs failed to show any material factual dispute regarding the reasonableness or accuracy of AHPOA’s fees. It thus ordered plaintiffs to pay AHPOA’s annual assessments between 2011 and 2018. Plaintiffs challenged this decision on appeal. But finding no reversible error, the Supreme Court affirmed.