Kelly v. Town of Barnard

How courts have described this case

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

• before granting summary judgment, trial court must give “opposing party a reasonable opportunity to show the existence of a fact question”
• in 1816 and 1817, the procedure for establishment of a public highway was governed by 1 Laws of Vermont, ch. XLV, §1
• where record as whole could not lead rational trier of fact to find for nonmoving party, there is no genuine issue for trial
• where record as whole could not lead rational trier of fact to find for nonmoving party, there is no genuine issue for trial
• “Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” (quotation omitted)
• “[U]ntil final decree the court always retains jurisdiction to modify or rescind a prior interlocutory order.”

Source: CourtListener parenthetical corpus (CC0).