March, 2010

Permanent Injunction Prevents Illegal Development Work

Bob Hemley and Ross Feldman successfully obtained an injunction preventing a local developer from proceeding with pre-development work on one of the last open parcels of land in Burlington. The developer was caught preparing to cut down trees and dig ditches on a 40-acre parcel in the north end of Burlington without obtaining necessary permits from the City of Burlington. After a hearing in the Environmental Court at which Keystone maintained it was engaged in "silviculture" and "agriculture" on the property, rather than development work, the Court issued a temporary restraining order and preliminary injunction, which the developer appealed to the Vermont Supreme Court. The Supreme Court upheld the preliminary injunction and sent the case back to the Environmental Court for further proceedings. In a decision accompanying the Environmental Court's Final Judgment and Permanent Injunction on March 31, 2010, Judge Thomas Durkin found that the proposed work was indeed intended to aid development, no permits had been obtained, and a permanent injunction was required in order to protect the parcel.

Dismissal of Legal Malpractice Suit Affirmed by Second Circuit

Bob Hemley has successfully defended a fellow Vermont attorney in an action brought in federal court by a disgruntled litigant who claimed civil rights violations and a series of related claims arising out of the settlement of a state court action. Proceedings wound through the state court, the US District Court, and finally the Court of Appeals for the Second Circuit, ultimately resulting in a dismissal of the claim.

Complex Commercial Case Successfully Resolved After 11-Hour Mediation

Parties to a dispute over the sale of business chose Bob Hemley to mediate their complex dispute. The claims and counterclaims raised issues of breach of contract, fraud, and defamation. The parties were able to reach a negotiated settlement of their dispute after an 11-hour session. Bob's record of helping parties to bring complex disputes to resolution is almost perfect, and he looks forward to additional opportunities to serve as a mediator. As a member of the federal ENE and various state county court mediation panels, Bob has mediated dozens of cases to a successful conclusion.