Clift v. City of South Burlington

2007 VT 3, 917 A.2d 483, 181 Vt. 571, 2007 Vt. 3, 2007 Vt. LEXIS 6
CourtSupreme Court of Vermont
DecidedJanuary 18, 2007
DocketNo. 06-155
StatusPublished
Cited by2 cases

This text of 2007 VT 3 (Clift v. City of South Burlington) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clift v. City of South Burlington, 2007 VT 3, 917 A.2d 483, 181 Vt. 571, 2007 Vt. 3, 2007 Vt. LEXIS 6 (Vt. 2007).

Opinion

¶ 1. Petitioners are a group of South Burlington voters who signed a petition requesting that the City of South Burlington add an advisory article to its 2005 town-meeting warning. The City refused because the article did not relate to “city business.” Petitioners filed a complaint in Chittenden Superior Court, claiming that the South Burlington City Council was required by law to include the article in the warning. The superior court granted summary judgment to the City and we now affirm.

¶ 2. Petitioners and other South Burlington residents, totaling more than five percent of city voters, petitioned the Council to include the following article in the 2005 annual town-meeting warning:

Shall the City of South Burlington, on behalf of concerned citizens, advise the City Council to ask our state legislators, in writing, to enact legislation that will pro[572]*572tect young girls by requiring clinics to notify at least one parent prior to providing a surgical or chemical abortion to their minor daughter, with special provisions to protect girls in abusive situations?

At a duly warned meeting in April 2005, the Council took up for consideration the issue of the 2005 town-meeting warning. After a discussion that included Council members and city residents, including several petitioners, the Council decided not to submit the petitioned article to voters because it did not concern “city business.” This led the Council to approve the warning without inclusion of petitioners’ article.

¶ 3. In May 2005, petitioners filed a challenge to the Council’s decision in superior court, seeking an order — in the nature of mandamus — to compel the City to include the advisory article either in the 2006 town-meeting warning or a special-meeting warning. In reply, the City asserted that its refusal to include the article in the warning was within its lawful discretion. The parties filed cross-motions for summary judgment. In March 2006, the superior court granted the City’s motion, opining that the article submitted by petitioners “does not relate to city business in the sense that it does not address a matter under the general supervision, legal authority or control of the City or of City voters.” This appeal followed.

¶ 4. We review a grant of summary judgment using the same standard as the trial court. In re Griffin, 2006 VT 75, ¶ 11, 180 Vt. 589, 904 A.2d 1217 (mem.). We will affirm the lower court’s decision “if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.” Id. There are no material facts in dispute in this case; however, the parties disagree as to whether including petitioners’ article in the warning is a ministerial duty of the City compelled by law.

¶ 5. Under 17 V.S.A. § 2642(a), a municipality is required to include the following in its annual town-meeting warning:

the date and time of the election, location of the polling place or places, and the nature of the meeting or election. [The warning] shall, by separate articles, specifically indicate the business to be transacted, to include the offices and the questions to be voted upon. The warning shall also contain any article or articles requested by a petition signed by at least five percent of the voters of the municipality and filed with the municipal clerk not less than 40 days before the day of the meeting.

While petitioners complied with the procedural requirements of the statute — that the petition be signed by more than five percent of voters and submitted more than forty days before the meeting date — our precedent indicates that the City was nonetheless justified in declining to include petitioners’ article in the town-meeting warning.

¶ 6. Over the past thirty-seven years, this Court has consistently held that municipalities must have some discretion over the issues that are presented to voters at town meeting. Beginning with Royatton Taxpayers’ Protective Ass’n v. Wassmansdorf, we have interpreted our statutes to compel municipalities to present an article to voters only when “the purpose stated in such petition set[s] forth a clear right which [i]s within the province of the town meeting to grant or refuse through its vote.” 128 Vt. 153, 160, 260 A.2d 203, 207 (1969). In Whiteman v. Brown, we determined that the prede[573]*573cessor statute to 17 V.S.A. § 2642(a) implicitly limited a municipality’s duty to warn to “business to be transacted.” 128 Vt. 384, 387, 264 A.2d 793, 795 (1970). “If the article sought to be included does not, in any way, constitute business proper and appropriate for transaction by the meeting, the statute ought not to be construed to compel its inclusion.” Id. We dealt specifically with the issue of whether a properly petitioned advisory article must be warned in Brewster v. Mayor of Rutland, 128 Vt. 437, 266 A.2d 428 (1970). There, we held that the effect of the advisory article petitioned by local voters would be nugatory and serve no lawful purpose and therefore declined to issue a writ of mandamus to compel its inclusion in a special-meeting warning.

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Related

Robert A. Skiff, Jr. v. South Burlington School District
2018 VT 117 (Supreme Court of Vermont, 2018)
Skiff v. South Burlington School Dist.
Vermont Superior Court, 2017

Cite This Page — Counsel Stack

Bluebook (online)
2007 VT 3, 917 A.2d 483, 181 Vt. 571, 2007 Vt. 3, 2007 Vt. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clift-v-city-of-south-burlington-vt-2007.