Montague v. Hundred Acre Homestead, LLC

Docket Number2018-161
Decision Date08 March 2019

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36 cases
  • Sutton v. Vt. Reg'l Ctr.
    • United States
    • Vermont Supreme Court
    • July 31, 2020
    ...if "it is beyond doubt that there exist no facts or circumstances that would entitle the plaintiff[s] to relief." Montague v. Hundred Acre Homestead, LLC, 2019 VT 16, ¶ 10, 209 Vt. 514, 208 A.3d 609 (quotation and alteration omitted). The rule that a complaint need only "provide[ ] the defe......
  • Doe v. DeLuca
    • United States
    • Superior Court of Vermont
    • December 11, 2025
    ...395 (2002). As a result, only "where the plaintiff does not allege a legally cognizable claim, [is] dismissal . . . appropriate." Montague, 2019 VT 16, ¶ 11. court's attention . . . is to be directed toward determining whether the bare allegations of the complaint constitute a statement of ......
  • Baldauf v. Vt. State Treasurer
    • United States
    • Vermont Supreme Court
    • April 30, 2021
    ...when it is beyond doubt that there exist no facts or circumstances that would entitle the plaintiff to relief." Montague v. Hundred Acre Homestead, LLC, 2019 VT 16, ¶ 10, 209 Vt. 514, 208 A.3d 609 (quotation omitted) (alteration omitted). As discussed below, we conclude that dismissal was a......
  • Island Indus., LLC v. Town of Grand Isle
    • United States
    • Vermont Supreme Court
    • July 2, 2021
    ...is such a low one,motions to dismiss for failure to state a claim are disfavored and should be rarely granted." Montague v. Hundred Acre Homestead, LLC, 2019 VT 16, ¶ 10, 209 Vt. 514, 208 A.3d 609 (alteration omitted) (quotation omitted). The specific question here is whether the allegation......
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