Eliason v. Harrison (2018)

Citation: Eliason v. Harrison (2018)
Parent Document: Eliason v. Harrison (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-06-26
Original Source: https://www.courtlistener.com/opinion/10026732/eliason-v-harrison/ ↗

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The City of Burlington Housing Board of Review found the Eliasons were entitled to
recover $1,530.39 as the amount the Harrisons improperly withheld. The Board also found the
withholding was not willful. The Harrisons have still not returned this ordered amount. Pursuant
to 9 V.S.A. § 4461(e), the Eliasons seek double the amount withheld plus 12% interest and
reasonable attorney’s fees and costs. They argue the Harrisons’ failure to comply with the
Board’s judgment is now a willful withholding. The Harrisons attempt to re-argue the Board’s
order, claiming “rightful possession” of the deposit is at issue in this litigation as the Board did
not have evidence regarding the Eliasons true motive for calling the Code Enforcement Office.

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