Initial Pleadings in Vermont District Court Case Demarest v. Town of Underhill, et. al
and
Docket #22-956 in U.S. Second Circuit Court of Appeals
Table 1 of Initial Pleadings (on A-39 of Appendix) barely scratches the surface of how Underhill town officials have taken from some for the benefit of themselves; however the Second Circuit affirmed the Vermont District Court's Order.
In addition, the intersection of the "Current" and "Former" Class III segments of TH26 is flagrantly far from the many false narrative given to local landowners by the Underhill Trails Handbook.
The most relevant individual files of involving Second Circuit Case #22-956 are available individually below:
- Mr. Demarest's OpeningBriefDoc43
- AppendixDoc44 (relatively large file)
- Municipal Defendant's ResponseBriefDoc62-1
- Mr. Demarest's ReplyBriefDoc66
For your conversational convenience above filings in Demarest v. Town of Underhill et. al. have also been informally consolidated into a
single LARGE searchable document with its own page numbering added.
For those without the time to delve into the entirety of this case, please listen to prior Oral Arguments of one facet of the case (available directly from the Second Circuit Court of Federal Appeals oral argument archive of December 1, 2022 on case 22-956) to formulate your own viewpoint.
Overview:
The District of Vermont dismissed all initial pleadings of Federal takings and associated due process claims without potential to of leave to amend. The Court granted leave to file an Amended Complaint on First Amendment Claims by October 2, 2023 but dismissed all remaining claims again based upon the Defendants' unsubstantiated narratives; Demarest now has legal representation and Second Circuit Court scheduled mediation on March 15, 2024.
It is essential to realize all prior Vermont supreme court deferential decisions to which one or more of the adversely impacted Underhill landowners on TH26 were parties had Vermont court jurisdiction statutorily limited to a deferential Vermont Rule 75 standard of review of records created by the municipal defendants..
The initial pleadings, which were amended as a matter of course but not permitted any discovery or leave to amend any Takings or Associated Due Process claims, are viewable beginning on A-14 of AppendixDoc44.
Summary of Most Relevant Impacted Private Property Rights for Non-Lawyers
About Certiorari for Non-Lawyers
General Source For Vermont Legal Research for Non-Lawyers
Since the US Supreme Court chose not to interve this formalizes Vermont Municipal Defendants' absolute discretion to create a record in support of a 'Road-To-Trails' reclassification to rescind both access rights and reversionary property rights without due process of law or just compensation. This also eliminates the theoretical prerequisite of a finding of necessity before a Vermont municipally can exercise eminent domain authority.
Quest For Justice At The United States Supreme Court Level
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
I appreciate your time learning about these issues. Please use contact form to contact me and respect my personal property and privacy at my home and surrounding property by not going to my property unless personally invited.
We need your consent to load the translations
We use a third-party service to translate the website content that may collect data about your activity. Please review the details in the privacy policy and accept the service to view the translations.