JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)

Citation: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Parent Document: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-07-18
Original Source: https://www.courtlistener.com/opinion/2684862/jw-llc-v-ayer-and-martell/ ↗

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¶ 15. The statutory language does not support the trial court’s construction that 12 V.S.A. § 4854a deals only with disposal of trash and not personal property of value. Unlike 9 V.S.A. § 4462, the statute does not differentiate between trash and other items remaining on the property. The phrase “dispose of’ connotes more than throwing out trash — it is used to signify any number of methods for dealing with property, including transferring it, discarding it, or destroying it. This is illustrated by 9 V.S.A. § 4462, which gives landlord the right to “dispose of’ any unclaimed “property, except trash, garbage, or refuse” after notice to tenant. Authority to “dispose of’ property can mean sell. See, e.g., 9 V.S.A. § 4470(d) (requiring owner of campground to protect personal property left behind and allowing owner to “dispose of it in a commercially reasonable manner and then pay to the owner the sale proceeds less any storage and sales fees incurred” if not claimed within six months).

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