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-... ↗

Full Text

756 chars

¶ 20. The Department rule aligns with the purpose of the Mobile Home Parks Act-to provide additional protections for mobile home owners due to the limited availability of space and the high cost of relocating mobile homes-and the Department's interpretation relies on its area of expertise by ensuring that the statutory scheme it is charged with enforcing is given its intended meaning. See Bisson, 161 Vt. at 14, 632 A.2d at 38. In light of the legislative history and the purpose of the statute, the agency's interpretation of the rule is not clearly erroneous. Therefore, in the absence of notice required by the rule, dismissal under V.R.C.P. 12(b)(6) was the appropriate remedy. See Sweet v. Roy, 173 Vt. 418, 449, 801 A.2d 694, 717 (2002). Reversed.

Other Sections in This Document (408)

Full Text