In Re Poole

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defining a de novo trial as “one where the case is heard as though no action whatever had been held prior thereto”
• noting that in a de novo trial court proceeding “the case is heard as though no action whatever had been held prior thereto'. All of the evidence is heard anew, and the probative effect [is] determined by the appellate tribunal ... as though no decision had been previously rendered”
• explaining that de novo review under 24 V.S.A. § 4472(a) requires that the appeal “is heard as though no action whatever had been held prior thereto[;] [a]ll the evidence is heard anew,” and the court renders its decision “as though no decision had been previously rendered.”
• “It is the duty of the court in a de novo hearing to specify in its order all the terms and conditions thereof.”
• in reviewing zoning board’s grant of zoning permit, trial court’s deferral to planning commission to enforce ordinance and to condition or waive zoning regulations was improper
• de novo review means that “the case is heard as though no action whatever had been held prior thereto”

Source: CourtListener parenthetical corpus (CC0).