Gloss v. Delaware & H. R. Co., No. 95-76
| Docket Nº | No. 95-76 |
| Citation | 378 A.2d 507, 135 Vt. 419 |
| Case Date | September 12, 1977 |
| Court | United States State Supreme Court of Vermont |
Page 507
v.
The DELAWARE AND HUDSON RAILROAD COMPANY.
Page 508
DeBonis & Wright, P. C., Poultney, for plaintiffs.
Sullivan & McCaffrey, Rutland, for defendant.
Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
LARROW, Justice.
Plaintiffs own land in Poultney, bordering on the railroad right of way of the defendant. Sometime prior to May, 1973, plaintiffs brought a written complaint to the Public Service Board about the ditch and fence between their properties and their maintenance, under 30 V.S.A. § 1474. Hearing was set by the Board for May 3, 1973, at which time the [135 Vt. 420] attorneys for the parties informed the hearing examiner that they had resolved their differences and the petition would be withdrawn. They agreed to, and later did, furnish the Board with written copies of their "Stipulation for Discontinuance," which agreed to a discontinuance and set forth verbatim their settlement agreement. In general, the agreement called for the making of stated repairs by the railroad, with ditch drainage and disposition of ditched material. It also called for a monetary payment to the plaintiffs, which has been made. No formal order of discontinuance was made by the Public Service Board. In December, 1973, plaintiffs brought suit in Rutland Superior Court. Count I of their complaint alleged a violation of 30 V.S.A. § 1474 by failure to maintain an adequate, properly located fence; Count II alleged a breach of the outlined settlement agreement.
The trial court found the foregoing facts, and dismissed the cause for lack of jurisdiction, concluding that the Public Service Board had original jurisdiction under 30 V.S.A. § 1481 to make an order about the matters complained of, and under 30 V.S.A. § 1482 to impose fines for non-compliance and award damages to the parties aggrieved. It held that, absent a final order or determination by the Board, the court was without jurisdiction.
The duty of the defendant to maintain a good and sufficient fence between the properties of the parties, under 30 V.S.A. § 1474, is unquestioned. The statute so provides in unequivocal language. 30 V.S.A. §§ 1480, 1481, also clearly outline the procedures followed by the plaintiffs before the Board, and its right to make a written order requiring fence construction and maintenance. The Board was properly resorted to in the first instance for these purposes, and were the matter still pending, in the legal sense, before that Board the exercise of jurisdiction by the superior court would be reversible error, even with concurrent jurisdiction conferred upon it by statute. City of South Burlington...
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In re Acorn Energy Solar 2, LLC, 19-398
...177 Vt. 115, 858 A.2d 249. Jurisdiction is accordingly not "presumed in favor" of an agency's jurisdiction. Gloss v. Del. & Hudson R.R., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977). Nothing indicates that the Legislature conferred the PUC with jurisdiction to adjudicate Open Meeting Law viol......
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In re Acorn Energy Solar 2, LLC, 2019-398
...Farm, 2004 VT 72, ¶ 10. Jurisdiction is accordingly not "presumed in favor" of an agency's jurisdiction. Gloss v. Del. & Hudson R.R. Co., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977). Nothing indicates that the Legislature conferred the PUC with jurisdiction to adjudicate Open Meeting Law vio......
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Lewandoski v. Vermont State Colleges, AFL-CIO
...jurisdiction as is conferred on them by statute, with nothing presumed in favor of their jurisdiction." Gloss v. Delaware & Hudson R.R., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977) (citing In re Lake Sadawga Dam, 121 Vt. 367, 370, 159 A.2d 337, 339 In the Suitor case we dealt with the validi......
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In re Investigation Into Solarcity Corp., 18-207
...could effectively resolve the case by joint stipulation, pursuant to 3 V.S.A. § 809(d), without further order from the Commission. 135 Vt. 419, 420-21, 378 A.2d 507, 508-09 (1977). ¶ 17. But the rationale that ordinarily compels dismissal pursuant to Rule 41(a)(1)(ii) and 3 V.S.A. § 809(d) ......
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In re Acorn Energy Solar 2, LLC, No. 19-398
...177 Vt. 115, 858 A.2d 249. Jurisdiction is accordingly not "presumed in favor" of an agency's jurisdiction. Gloss v. Del. & Hudson R.R., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977). Nothing indicates that the Legislature conferred the PUC with jurisdiction to adjudicate Open Meeting Law viol......
-
In re Acorn Energy Solar 2, LLC, No. 2019-398
...Farm, 2004 VT 72, ¶ 10. Jurisdiction is accordingly not "presumed in favor" of an agency's jurisdiction. Gloss v. Del. & Hudson R.R. Co., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977). Nothing indicates that the Legislature conferred the PUC with jurisdiction to adjudicate Open Meeting Law vio......
-
Lewandoski v. Vermont State Colleges, AFL-CIO
...jurisdiction as is conferred on them by statute, with nothing presumed in favor of their jurisdiction." Gloss v. Delaware & Hudson R.R., 135 Vt. 419, 422, 378 A.2d 507, 509 (1977) (citing In re Lake Sadawga Dam, 121 Vt. 367, 370, 159 A.2d 337, 339 In the Suitor case we dealt with the validi......
-
In re Investigation Into Solarcity Corp., No. 18-207
...could effectively resolve the case by joint stipulation, pursuant to 3 V.S.A. § 809(d), without further order from the Commission. 135 Vt. 419, 420-21, 378 A.2d 507, 508-09 (1977). ¶ 17. But the rationale that ordinarily compels dismissal pursuant to Rule 41(a)(1)(ii) and 3 V.S.A. § 809(d) ......