Moorcroft v. Severance (2018)

Citation: Moorcroft v. Severance (2018)
Parent Document: Moorcroft v. Severance (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-03-12
Original Source: https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

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gasoline spills or other environmental clean up issues. Photos of these vehicles show
several that are obviously badly damaged. (Defendant’s Ex. I). A recent ANR notice of
violation (undated), that followed a 2017 site visit declared the car storage area an
unpermitted salvage yard and gave Jim and the Severances notice they needed to start
removing the cars or take other steps so the property does not meet the definition of a
salvage yard. The ANR gave the respondents until 12/1/17 to make a written response.
No evidence of any kind of response was given. All the parties to the Life Lease might
face an ANR enforcement action as to the cars.
96. The Subject Property had a prior environmental cleanup issue. Part of the reason Jim
enlisted his parent’s aid to buy the parcel is because that due to that history, none of the
title insurance companies would write a title insurance policy against the property. To the
extent the property serves as an auto graveyard, versus an active auto sales dealership lot,
the environmental land contamination problem worsens with time.
97. John developed a list of the Pride-related business equipment located at the site (and a
few things at Jim’s parent’s house in Connecticut) and his claimed used / present fair
market value prices for the items. (Tr. Ex. R). He lists about $134,000 in value for many
items and $150,000 for the estimated 800 “junk cars”. The court addresses that further in
the Legal Analysis section below
98. In 2013 – 2015 Steve and John were embroiled in town tax sales issues. Jim helped them
draft a response to the town, acting for the Severances. During the peak of that action,
Jim asked to be paid for his work, and went to Steve’s mobile home to ask for payment.
Jim was commanded to leave under harsh language from Steve.
Legal Analysis The Amended Complaint

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