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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

L'ESPERANCE v. Benware, 2003 VT 43 (2003)

Citation
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Parent Document
L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Jurisdiction
Vermont (state)
Effective Date
2003-05-02

Other Sections in This Document (64)

Full Text

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160 Vt. 343, 351, 628 A.2d 1256, 1261 (1993). Plaintiffs argued that landlord rented the Shrewsbury property to them when it was not in compliance with health and safety codes. Plaintiffs submitted an affidavit and copies of records from the Department of Labor and Industry in support of the motion for summary judgment. This evidence submitted by plaintiffs included: (1) a fire inspection report dated October 31,1994, denying occupancy and declaring that “[/Inspection is required prior to any occupancy”; and (2) an affidavit of Assistant Fire Marshall Fran Robillard stating that he noted the inspection requirement on the above report and sent a copy of the report to Ms. Kinney. He also stated in this affidavit that when the property was again inspected in April 1996 he found serious “structural deficiencies, electrical hazards, and other violations of the life safety code.”