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riley v. dempsey (2023)

Citation
riley v. dempsey (2023)
Parent Document
riley v. dempsey (2023)
Jurisdiction
Vermont (state)
Effective Date
2023-11-07

Full Text

870 chars
Mr. Riley objects that the Small Claims Court did not include specific citations to Vermont
law within its Conclusions of Law concerning “normal wear and tear.” The Small Claims Court did
cite to, and quote from, 9 V.S.A. § 4461, in its discussion of the counterclaim, but there is no specific
citation to the statutory definition of “normal wear and tear” which appears in the definitions at 9
.F V.S.A. § 4451(5). Nevertheless, it is clear that the court based its decision on a correct
hime understanding that “normal wear and tear” is excepted from recoverable damages, under §
got’ cg 4461(b)(2). There is no requirement for including legal citations in a judicial opinion. The basic
¢€. “~) requirement is for the court to explain “what was decided and why.” Richard v. Richard, 146 Vt.
« 3 286, 287 (1985). The Small Claims Court’s decision meets this standard. ,