pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)

Citation: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Parent Document: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-11-01
Original Source: https://www.vermontjudiciary.org/media/20324 ↗

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12(b)(1).
In a facial challenge, the party asserts the allegations of the complaint are
insufficient to establish the court's jurisdiction over the subject matter of the
case. When a facial challenge is presented, the court will look only to the
complaint to determine whether the plaintiff has sufficiently alleged a basis of
subject matter jurisdiction. In a factual challenge, the party asserts there is no
jurisdiction over the subject matter of the case notwithstanding the allegations of
the complaint. When a factual challenge is presented, the court may consider and
weigh evidence outside of the pleadings to answer the jurisdictional question.
Bleich v. Bleich, 981 N.W.2d 801, 806 (Neb. 2022). To the extent that such a distinction must be
drawn, Defendant’s motion is clearly a factual challenge to subject matter jurisdiction of this
court.

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