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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to 12 V.S.A. § 4852 and, thus, merges into the complaint and may be considered by the court.
Where a complaint … “relies upon a document,” it “merges into the pleadings and
the court may properly consider it under a Rule 12(b)(6) motion to dismiss.”
Kaplan v. Morgan Stanley & Co., Inc., 2009 VT 78, ¶ 10 n.4, 186 Vt. 605 (mem.)
(quotation omitted) (explaining that trial court properly relied on entirety of
town plan where plaintiff specifically referred to it in complaint but did not attach
full text). A court is not obligated to accept allegations in the complaint
purporting to tell it how to interpret such a document, although any ambiguities
must be construed in the plaintiff's favor. Davis v. Am. Legion, Dep't of Vt., 2014
VT 134, ¶ 13, 198 Vt. 204.
Pigeon v. Stone, 2025 WL 1913248, at *5 (Vt. July 11, 2025) (unpub. mem.).
5 “‘Actual notice’ means receipt of written notice hand-delivered or mailed to the last known

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