· 5/31/2002
JIPAC, NV v. Silas
Citations
- 800 A.2d 1092
- 174 Vt. 57
- 2002 Vt. LEXIS 137
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- allowing private remedy for statutory violation where offending conduct was plainly within area of Legislature's policy concern, such that denying remedy would seriously undermine intended policy
- allowing private remedy for statutory violation where offending conduct was plainly within area of Legislature’s policy concern, such that denying remedy would seriously undermine intended policy
- while statute does not explicitly provide private remedy for particular Act 250 violation, Legislature clearly established direct connection between violation and unenforceability-of-contract remedy
- while statute does not explicitly provide private remedy for particular Act 250 violation, Legislature clearly established direct connection between violation and unenforceability-of-contract remedy
- courts will afford relief from illegal contracts “where equity requires it, to the more innocent party even after the agreement has been executed”
- noting strong environmental protection policy behind Vermont's Act 250
Source: CourtListener parenthetical corpus (CC0).
Judges: Amestoy, Dooley, Morse, Johnson, Skoglund
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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