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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-08-05

Other Sections in This Document (143)

Full Text

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¶ 21. No explanation was needed because the partnership and its general partner had known since 1983 that PCE contamination was the problem, even if the origin of the PCE was still unknown. The record here contains numerous examples of written notice of the water problem sent by the state to general partner Yvonne Rooney. Applying the notice provision, as the trial court did, in this ritualistic manner does nothing to further the statute's purpose — protecting law-abiding landlords. Similarly, imposing a notice requirement in a latent defect case where the landlord already knows what the problem is serves no purpose. Therefore, it is apparent that the law was directed only at patent defects. To construe the statute otherwise would lead to a patently absurd result.