Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)

Citation: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Parent Document: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Jurisdiction: Vermont (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/4489424/shires-housing-inc-v-carolyn-s-... ↗

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¶ 9. "Our primary objective in construing a statute is to effectuate the Legislature's intent." Wesco, Inc. v. Sorrell, 2004 VT 102, ¶ 14, 177 Vt. 287, 865 A.2d 350. In accomplishing this, our first step is to examine the statute's language because we presume that the Legislature intended the plain, ordinary meaning of the statutory language. Id. If a statute is clear on its face, we accept its plain meaning and will not rely on statutory construction, but where the language creates ambiguity or uncertainty, we resort to statutory construction to ascertain the legislative intent. In re Hinsdale Farm, 2004 VT 72, ¶ 5, 177 Vt. 115, 858 A.2d 249. In construing legislative intent, "we must consider the entire statute, including its subject matter, effects and consequences, as well as the reason for and spirit of the law." Id. Legislative history, circumstances surrounding a statute's enactment, and evidence of the legislative policy at which the statute was aimed are indications of the Legislature's intent. Id. Additionally, where a statute is silent or ambiguous and an agency charged with enforcing the statute has interpreted it, this Court will defer to the agency interpretation of the statute within its area of expertise. In re Smith, 169 Vt. 162, 169, 730 A.2d 605, 611 (1999) ; C & S Wholesale Grocers, Inc. v. Dep't of Taxes, 2016 VT 77A, ¶ 13, --- Vt. ----, 155 A.3d 169 ("We defer to agency interpretations of statutes the Legislature has entrusted to their administration ...."). " 'Absent compelling indication of an error, interpretation of a statute by an administrative body responsible for its execution will be sustained on appeal,' unless it is unjust or unreasonable." Laumann v. Dep't of Public Safety, 2004 VT 60, ¶ 7, 177 Vt. 52, 857 A.2d 309 (quoting Bedini v. Frost, 165 Vt. 167, 169, 678 A.2d 893, 894 (1996) ).

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