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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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¶ 39. Numerous summary judgment exhibits document the contact that William and Catherine Rooney, along with Yvonne Rooney, had with state water authorities and the engineer assisting with the water problem. These support the inference that William and Catherine Rooney participated in the alleged decisions, made on behalf of the partnership, to withhold information about the water from the tenants while not supplying an alternative source of safe water, thereby contributing to the ongoing breach of the partnership's habitability obligation. Affording tenants the benefit of all the reasonable doubts and inferences to which they are entitled as nonmoving parties on summary judgment review, we conclude that they have identified a triable question of fact regarding the extent to which William and Catherine Rooney participated in the control of partnership business. The issue is, therefore, remanded to the trial court. III. Express Indemnity