STATE v. IRVING OIL CORP.

No. 06-375.

955 A.2d 1098 (2008)

2008 VT 42

STATE of Vermont v. IRVING OIL CORPORATION.

Supreme Court of Vermont.

April 11, 2008.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, William E. Griffin, Chief Assistant Attorney General, and Mark J. Di Stefano, Assistant Attorney General, Montpelier, for Plaintiff-Appellant.

James W. Spink and Jon T. Alexander of Spink & Miller, PLC, Burlington, for Defendant-Appellee.

Present: REIBER, C.J., and DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


REIBER, C.J.

¶ 1. The question presented is whether a State environmental-enforcement action seeking declaratory and injunctive relief, recovery of response costs, and civil penalties triggers the right to a jury trial under Chapter I, Article 12 of the Vermont Constitution. We hold that the relief sought by the State in this case is essentially equitable in nature and, therefore, that the right to trial by jury does not attach. The trial court's conclusion to...

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