Earth Construction, Inc. v. State of Vermont Agency of Transportation

2005 VT 82, 882 A.2d 1172, 178 Vt. 620, 2005 Vt. LEXIS 176
CourtSupreme Court of Vermont
DecidedJuly 26, 2005
DocketNo. 05-011
StatusPublished
Cited by11 cases

This text of 2005 VT 82 (Earth Construction, Inc. v. State of Vermont Agency of Transportation) 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
Earth Construction, Inc. v. State of Vermont Agency of Transportation, 2005 VT 82, 882 A.2d 1172, 178 Vt. 620, 2005 Vt. LEXIS 176 (Vt. 2005).

Opinion

¶ 1. Plaintiff Earth Construction, Inc. appeals, following our decision and remand to the superior court to consider whether plaintiff had any claims remaining that lay outside the boundaries of the Transportation Board’s jurisdiction. We previously ruled that plaintiff was precluded from relitigating any claims that were within the Board’s jurisdiction because plaintiff failed to properly appeal from the Board’s final order disposing of those claims. After reviewing the statute that delineates the scope of the Board’s jurisdiction, and carefully considering plaintiff’s complaint, the superior court held that, even under the liberal notice pleading standards of Vermont Rule of Civil Procedure 8, plaintiff had failed to set forth facts and law that would support any legal claims outside the Transportation Board’s jurisdiction. Therefore, it dismissed the complaint on a motion for judgment on the pleadings pursuant to Rule 12(c). We affirm.

¶ 2. Plaintiff began adversarial administrative, and then legal, proceedings against the Agency of Transportation and various Agency employees after the termination of four road construction contracts plaintiff had with the Agency. Plaintiff’s administrative action culminated in an August 28, 1997 letter from the Transportation Board, informing plaintiff that, among other reasons, it would not consider his claims alleging breach of contract because the Board considered such claims beyond its jurisdiction. Accordingly, the Board refused to hold a hearing or take further action on plaintiff’s claims. Sixteen months later, plaintiff filed a complaint seeking damages from the Agency for a variety of ill-defined wrongs stemming from the termination of plaintiff’s contracts. The complaint also asserted that the Board erred by refusing to hear plaintiff’s grievances. The superior court dismissed the complaint, ruling that it was essentially an appeal from the Board’s decision, and as such was not filed within the jurisdictional thirty-day time limit required by Vermont Rules of Civil Procedure 74 and 75.

¶3. In Earth Construction, Inc. v. State, No. 2001-237 (Vt. Mar. 13, 2002), a three-justice panel of this Court heard plaintiff’s appeal from the superior court’s dismissal of the complaint. We held, among other things, that plaintiff is precluded from challenging the Board’s adverse determinations of his claims because plaintiff failed to timely appeal the Board’s decision pursuant to Rule 74.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 VT 82, 882 A.2d 1172, 178 Vt. 620, 2005 Vt. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earth-construction-inc-v-state-of-vermont-agency-of-transportation-vt-2005.