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Supreme Court Rejects Town of Newbury’s Appeal in Secure Juvenile Facility Case

Member for

1 year 4 months
Submitted by iminot@vlct.org on
January 10, 2024

This case made it clear to us that if towns want a say in the siting of these facilities, they will have to fight for it in the legislature, not the courts.

In a much publicized and closely watched case, the Vermont Supreme Court upheld the Vermont Superior Court Environmental Division’s (Environmental Court's) decision granting preferential zoning review of a secure facility for housing justice-involved youth slated for development in the Town of Newbury*

This case concerns the Town of Newbury’s denial by its Development Review Board of an application to renovate a property owned by the Vermont Permanency Initiative (VPI) for the purposes of creating a secure facility for justice-involved youth. The facility would be leased to the Department for Children and Families (DCF) and operated by VPI. DCF and VPI (appellees) characterized the proposed use as a “group home” while the Town and a citizens advocacy group called Concerned4Newbury, Inc. (collectively the appellants) characterized it as a “juvenile detention facility.” 

The big question for our members before the Court was whether the proposed facility should be treated as a single-family residential use under 24 V.S.A. § 4412(1)(G). That statute provides that “[a] residential care home or group home to be operated under State licensing or registration, serving not more than eight persons who have a disability as defined in 9 V.S.A. § 4501, . . . shall be considered by right to constitute a permitted single-family residential use of property.” 24 V.S.A. § 4412(1)(G). Because the undisputed facts showed that the planned facility would be licensed by the State and serve no more than six youths at a time, the resolution of this question came down to whether it qualified as (1) a “group home” that (2) served people with disabilities.  

The Court brushed away the comparisons to a detention facility on the grounds that “[t]he statute also does not preclude a group home from having security features. The key characteristics are the facts that the facility will be the sole and primary residence for the youth placed there.”

Lacking a statutory definition of “group home,” the Court turned to its dictionary meaning, “a residence for persons requiring care or supervision,” for guidance. The appellants advocated for a broader definition of “home” as “the place where one actually lives” in support of its argument that the proposed facility more so resembled a detention facility, with its bullet-proof windows, secure walls, video-camera monitoring, and twelve-foot high security fence than it did a residence befitting the surrounding community. However, the Court ruled that it “will not read additional requirements into the statute, particularly, where, as here, the purpose of the statute is to preclude local zoning boards from excluding group homes from residential areas.” The Court brushed away the comparisons to a detention facility on the grounds that “[t]he statute also does not preclude a group home from having security features. The key characteristics are the facts that the facility will be the sole and primary residence for the youth placed there.”   

In contrast with its first factor, the law is quite clear that it is intended for those facilities that serve those who “have a disability as defined in 9 V.S.A. § 4501.” 24 V.S.A. § 4412(1)(G). The appellees unsuccessfully argued, amongst other things, that the facility was designed to house justice-involved youth, but the Court reasoned that just because juveniles placed in the facility will also be justice-involved does not negate their disability.  

Having found that the appellees satisfied all the relevant statutory criteria, the Court found in their favor and affirmed the Environmental Division’s ruling.   

The outcome of this case, though not surprising, was still disappointing, as we’d much rather see a favorable outcome for the Town of Newbury and for all other members who may one day find themselves in the same position. However, the case did clarify for us that if towns want a say in the siting of these facilities then they’re going have to fight for it in the legislature, not the courts.  

The In re Vermont Permanency Initiative, Inc. Denial case is archived at https://www.vermontjudiciary.org/sites/default/files/documents/op22-324.pdf  

* As of the publishing of this article, the Town of Newbury has petitioned the Vermont Supreme Court to reconsider its ruling.

2024 Events & Training Schedule

VLCT offers a variety of trainings throughout the year. This listing is an overview that is subject to change. For details of currently available trainings and to register, please visit vlct.org/events. Most events are posted on the events calendar four weeks before they take place. 

January

TopicEvent DateTimeFormat/Location
Advocacy Chat1/8/202411:00 - 11:45Zoom Meeting
Town Meeting Warning and Model Articles1/10/202410:00 - 11:00Zoom Webinar
Flood Recovery Check-In1/16/20241:00 - 2:00Zoom Webinar
Town Meeting: Australian Ballot Voting Legal Requirements Overview1/17/202410:00 - 11:00Zoom Webinar
Introduction to Family Medical Leave Insurance1/18/202410:00-11:00Zoom Webinar
Legal Lunch Hour – January1/24/202412:00 - 1:00Zoom Meeting
Eclipse Planning Check-In1/25/202410:00-11:00Zoom Meeting
Advocacy Chat1/29/202411:00 - 11:45Zoom Meeting

February

TopicEvent DateTimeFormat/Location
Town Meeting Tune-Up2/7/20249:00 - 12:00Hybrid, central Vermont
Eclipse Planning Check-In2/8/202410:00-11:00Zoom Meeting
Advocacy Chat2/12/202411:00 - 11:45Zoom Meeting
Franklin and Grand Isle Counties Selectboard Convening 2/13/20245:00 - 7:30In Person, St. Albans
Flood Recovery Check-In2/20/20241:00 - 2:00Zoom Webinar
Eclipse Planning Check-In2/22/202410:00-11:00Zoom Meeting
Advocacy Chat2/26/202411:00 - 11:45Zoom Meeting
Legal Lunch – February2/28/202412:00 - 1:00Zoom Meeting

March

TopicEvent DateTimeFormat/Location
Eclipse Planning Check-In3/7/202410:00-11:00Zoom Meeting
Advocacy Chat3/11/202411:00 - 11:45Zoom Meeting
Flood Recovery Check-In3/19/20241:00 - 2:00Zoom Webinar
Eclipse Planning Check-In3/21/202410:00-11:00Zoom Meeting
Selectboard Essentials3/23/20249:00 - 2:30In Person
Advocacy Chat3/25/202411:00 - 11:45Zoom Meeting
Legal Lunch – March3/27/202412:00 - 1:00Zoom Meeting

April

TopicEvent DateTimeFormat/Location
Eclipse Planning Check-In4/4/202410:00-11:00Zoom Meeting
Advocacy Chat4/8/202411:00 - 11:45Zoom Meeting
Grant Basics: Before the Grant4/9/202410:00 - 12:00Zoom Webinar
Liability and Risk Management for Selectboards4/11/202410:00 - 12:00Zoom Webinar
Flood Recovery Check-In CANCELLED4/16/20241:00 - 2:00Zoom Webinar
Open Meeting Law for Boards and Committees4/17/202410:00 - 11:30Zoom Webinar
Advocacy Chat4/22/202411:00 - 11:45Zoom Meeting
Legal Lunch – April4/24/202412:00 - 1:00Zoom Meeting
Unemployment Insurance and Act 76 - What Employers Need to Know4/25/202411:00 - 12:00Zoom Webinar

May

TopicEvent DateTimeFormat/Location
Advocacy Chat5/6/202411:00 - 11:45 AMZoom Meeting
Selectboard Essentials: Northwest & Chittenden County Region5/14/20245:30 - 9:00 PMHybrid, Milton
Legal Lunch – May5/22/202412:00 - 1:00 PMZoom Meeting
Grant Basics: Project Development - Developing and Funding the Project5/28/202410:00 AM - 12:00 PMZoom Webinar
Spring Zoning and Development Review Forum 5/30/20249:00 AM - 12:00 PMZoom Webinar

June

TopicEvent DateTimeFormat/Location
FLSA Basics and Updates6/4/202412:00 - 1:00 PMZoom Webinar
Intro to CaseBuilder and Your Equifax Team6/6/20242:00 - 3:00 PMZoom Webinar
DER Training: DISA360 Portal6/7/20241:00 - 3:30 PMZoom Webinar
Flood Recovery Check-In6/18/20241:00 - 2:00 PMZoom Webinar
Legal Lunch – June6/20/202412:00 - 1:00 PMZoom Meeting
Local Officials Golf Outing6/21/20249:00 AM - 3:00 PMGreen Mountain National Golf Course
Advocacy Chat - Wrap-up 20246/24/2411:00 AM - 12:00 PMZoom Meeting

July 

TopicEvent DateTimeFormat/Location
Flood Recovery Check-In7/16/20241:00 - 2:00Zoom Webinar
Legal Lunch – July 7/17/202412:00 - 1:00Zoom Meeting

August 

TopicEvent DateTimeFormat/Location
Dog Control Law and EnforcementEarly August, TBD10:00 - 12:00Zoom Webinar
Flood Recovery Check-In8/20/20241:00 - 2:00Zoom Webinar

September

TopicEvent DateTimeFormat/Location
Flood Recovery Check-In9/17/20241:00 - 2:00Zoom Webinar
Municipal BudgetingMid September, TBD10:00 - 12:00Zoom Webinar
Grant Basics: Management9/24/202410:00 - 12:00Zoom Webinar
Legal Lunch Hour – September9/25/202412:00 - 1:00Zoom Meeting

October 

TopicEvent DateTimeFormat/Location
Town Fair 10/1 – 10/2/2024 Killington
Flood Recovery Check-In10/15/20241:00 - 2:00Zoom Webinar
Fall Planning and Zoning10/16 or 10/179:30 - 12:00Zoom Webinar
ADA 10110/22/202410:00 - 12:00Zoom Webinar
Legal Lunch Hour – Oct10/23/202412:00 - 1:00Zoom Meeting

November

TopicEvent DateTimeFormat/Location
Elected Auditors11/13/202410:00 - 11:30Zoom Webinar
Flood Recovery Check-In11/19/20241:00 - 2:00Zoom Webinar
Legal Lunch Hour – Nov11/20/202412:00 - 1:00Zoom Meeting

December

TopicEvent DateTimeFormat/Location
Flood Recovery Check-In12/17/20241:00 - 2:00Zoom Webinar
Publication Date
12/12/2023

VLCT Model Templates: Policies and Ordinances

Member for

1 year 4 months
Submitted by hlaw on
Image law library and gavel

The Municipal Assistance Center has compiled many topical model templates related to policies and ordinances deemed most helpful for municipalities. At member request we have compiled a list of our current available models for your quick reference. 

Model Policies 

 

Model Ordinances 

 
 
 
 
 

Municipal Budgeting

Event Date: 10/25/23

This annual training explains basic budgeting principles, financial management challenges, how to comply with legal requirements, and best practices for preparing the budget for town meeting. This year it also includes updates on ARPA and more. Attend this timely webinar and live Q&A to kick off budget development season.