memphremagog rentals v. turnbaugh

• Court: Vermont Superior Court
• Decided: June 5, 2024
• Docket: 24-cv-110
• Status: Published

Opinion

Vermont Superior Court Filed 04/09/24 Orleans Unit

VERMONT SUPERIOR COURT 1 fl4 CIVIL DIVISION Orleans Unit Case N0. 24-CV—001 10 247 Main Street NewportVT 05855 802-334—3305 EE wwwvermontjudiciaryorg

Memphremagog Rentals v. Harmony Turnbaugh

ENTRY REGARDING MOTION Title: Motion to Dismiss (Motion: 3) Filer: Harmony Turnbaugh Filed Date: March 12, 2024

The motion is DENIED.

Defendant Turnbaugh seeks to have the ejectment action pending against her dismissed on two bases. First, she contends that Doug Spates, as a non—attorney cannot represent an LLC.

Second, she states that she did not receive the notice to terminate the tenancy served pursuant to 9 V.S.A. § 4467 on Turnbaugh’s mother and former co—tenant Eleanor Massey.

As to the first argument, while non-attorneys are generally not allowed to represent LLCs, owners, under particular circumstances can when there is a showing that the individual has the

authority to represent the LLC, has the competency to represent the organization, and shares a common interest. Vermont Ageflgl ofNat. Rex. v. Upper Val/e} Reg'l Lamfi‘ill Cmp, 159 Vt. 454, 458

(1992). There is also an element of financial hardship that the Court has generally applied in a looser manner if the other three elements are reasonably met. In this respect, Mr. Spates has represented his company, Memphremagog Rentals, LLC in numerous hearings and ejectment proceedings. The

Court finds no basis at this moment to revisit the permission it has previously given him to perform that function. For these reasons, the Court denies Defendant’s motion to dismiss on the issue of

representation.

As to the issue of notice and whether Defendant Turnbaugh received actual notice of the termination of tenancy, this appears to be a disputed factual issue that is best resolved at trial. There are several unanswered factual questions including when Ms. Massey left the dwelling unit. Whether

Ms. Massey received the notice to terminate the tenancy in the dwelling unit. Whether Elia Spates’

Entry Regarding Motion Page 1 of 2 24—CV—001 10 Memphremagog Rentals v. Harmony Turnbaugh testimony is consistent with a finding of actual notice, or whether the Spates had any reason to understand that the notice of termination had not been delivered. While the Court cannot

determine these factual disputes on a motion to dismiss, these issues remain alive and may be raised

at the merits hearing in this matter.

Based on the foregoing, Defendant Turnbaugh’s motion to dismiss is Denied. The Court shall set this matter for a status conference to address Defendant's request for mediation.

Electronically signed pursuant to V.R..E.l:. Qldl

Daniel Richardson Superior Cou r1: Judge

Aprn 8, 2024

Entry Regarding Motion Page 2 of 2 24—CV—001 10 Memphremagog Rentals v. Harmony Turnbaugh