Thursday, March 3, 2016

North Country Sportsmans Club appeal to the Vermont Supreme Court


The North Country Sportsmen's Club (NCSC) in Williston filed a Motion for a Declaratory Judgement in
the Superior Court for Chittenden County.  The NCSC prevailed in all of the issues it contested in this
court action.  But, the judge went onto to include adverse terms in what is called "dicta" and not part of
issues the court had before it in the legal action filed by the NCSC. 
 
Dicta are opinions of a judge that do not embody the resolution or determination of the specific case
before the court.  Dicta is an opinion of the judge and go beyond the facts or issues before the court.
Other courts may take "judicial notice" of the dicta in the case decision in application of other cases.
 
A copy of the decision may be viewed by clicking on the attachment to this E-mail.
 
The club will submit a Motion for Reconsideration and wants to be prepared to promptly file an appeal
to the Vermont Supreme Court.  To file the action before the supreme court, the club has been cited a
$10,000 fixed cost fee by their attorney.  The club's lawyer is well respected in the area of municipal
law, Hans Huessy.  The Vermont Federation of Sportsmen's Clubs is working with the NCSC to help 
raise the $10,000 to file the appeal.   The Federation has provided the NCSC with $2,500.00 towards
the $10,000 needed to fund the NCSC appeal to the Vermont Supreme Court.
 
Contributions to fund the $10,000 legal fees for the NCSC appeal may be sent to:
 
North Country Sportsmen's Club
PO Box 1093
Williston, VT 05495