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Judge dismisses lawsuit against Burlington's short-term rental regulations – VTDigger

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Judge dismisses lawsuit against Burlington's short-term rental regulations – VTDigger


Burlington and Mt. Mansfield seen from Lake Champlain on August 27, 2019. File photo by Glenn Russell/VTDigger

A Vermont Superior Court judge last week dismissed a lawsuit filed by more than a dozen rental property owners challenging Burlington’s regulations governing short-term rentals.

The lawsuit, filed in July 2023 in Chittenden Superior civil court, argued the city overstepped state law when it enacted restrictions in June 2022 on short-term rentals.

Those restrictions set strict limits on property owners who rent out their properties using services such as Airbnb and VRBO. It prohibited short-term rentals in the city unless they are owner-occupied and defined a short-term rental as a dwelling rented to guests for fewer than 30 consecutive days.

The penalty for noncompliance starts with a $100 civil fine and increases to $200 after the second violation.

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Burlington is not the only municipality to set limits on short-term rentals. Towns and cities such as South Burlington and Morrisville have in recent years enacted similar regulations in an effort to ensure the availability of housing for long-term residents.

In previous legal filings, the property owners’ attorneys wrote that enforcement would have a “substantial impact on Plaintiffs’ financial stability and greatly harm Plaintiffs’ business interest.”

Burlington City Council approves sweeping restrictions on short-term rentals


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State law grants municipalities jurisdiction over regulating housing for the purpose of promoting a city’s or town’s health, safety and welfare. But the plaintiffs, 14 different individuals and business entities in Burlington, argued the city overstepped state law by setting duration limits and owner-occupied requirements for rental units.

Superior Court Judge Samuel Hoar was not convinced, and on Nov. 19 dismissed the lawsuit.

The plaintiffs’ claim “fails as a matter of law,” Hoar wrote in the decision, because the city “plainly has broad authority to regulate short-term rentals” under existing statute.

“The relationship between a lack of available long-term housing and strains on the housing market, with impacts on homelessness, is intuitive, as is the consequent impact on a municipality’s general welfare,” Hoar wrote. “Thus, the city’s regulation of short-term rentals bears an obvious and rational relation to public welfare, health, and safety.”

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The judge’s decision was first reported by Vermont Public.

The plaintiffs in the case included three individuals — Sean Hurley, Kristin Baker and Petra Winslow — and a number of companies. The properties listed in the suit are mostly located in the city’s Old North End.

Liam Murphy, an attorney with Burlington law firm MSK, which represented the plaintiffs, did not respond to a request for comment. City attorney Kimberlee Sturtevant and city spokesperson Joe Magee did not respond to an email seeking comment.





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Vermont

Police searching for Vt. woman accused in baby’s drowning death

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Police searching for Vt. woman accused in baby’s drowning death


BURLINGTON, Vt. (WCAX) – Police are searching for a Burlington woman who faces multiple charges after investigators say she let her baby drown in a bathtub while under the influence.

The incident happened in October 2024. Police say Briana Arnold, 34, left her 3-month-old daughter in the filling bathtub. The infant then drowned.

Briana Arnold(Courtesy: Chittenden Unit for Special Investigations)

Police said they found narcotics in Arnold’s kitchen and bloodstream.

After a yearlong investigation, police issued a warrant for Arnold’s arrest on manslaughter, child cruelty and drug charges. So far, they have not found her. Anyone with information on her whereabouts is asked to call the Chittenden Unit for Special Investigations at 802-652-6895 or the local police department where she is known to be located.

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Needled by the big holiday fuss? The Vermont Country Store has a little something to pine for. – VTDigger

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Needled by the big holiday fuss? The Vermont Country Store has a little something to pine for. – VTDigger


Charlie Brown Christmas Trees stand ready in boxes at the Vermont Country Store in Weston. Photo by Kevin O’Connor/VTDigger

WESTON — In the New England state that grows the most Christmas trees, the Vermont Country Store offers a seeming galaxy of ornaments and add-ons, from floor-hugging skirts to ceiling-grazing stars.

“Evergreen trees are a universal symbol of the season,” the third generation of Orton family storekeepers writes on its website.

So why has the $100 million-a-year business seen a 2-foot-tall boxed alternative become a surprise bestseller?

“When things in the world seem a little chaotic, it brings back great memories and puts a smile on your face,” merchandising manager Julie Noyes said of the Charlie Brown Christmas Tree, which debuted six decades ago and has drawn new interest from people starting up or downsizing in a chilly economy.

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When Charles Schulz introduced “Peanuts” 75 years ago, the late cartoonist didn’t envision the comic strip would lead to global syndication and a series of television specials, beginning with 1965’s “A Charlie Brown Christmas.”

In that show, the title character searches for the perfect Christmas tree, only to come home with a straggly sapling.

“Gee, do they still make wooden Christmas trees?” his friend Linus asks. “Maybe it just needs a little love.”

And with the addition of a blanket around its base, the conifer is soon warming hearts.

Sixty years later, $21.95 official replicas can be found at Vermont Country Stores in Weston and Rockingham, in their mail-order catalog and on their website — and in customer homes from Connecticut to California.

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“It’s precious, just precious,” Jill Charbonneau said in a call from the Rockport, Maine, home she and her husband, Paul, have shared for a half-century. “It’s so simple and says everything it’s supposed to say.”

She’s not alone in her appreciation. The tree has an average customer rating of 4.9 out of 5, according to its webpage, with nearly 100 rave reviews about its simple cost, scale and upkeep from people coast to coast.

Take the Illinois couple settling into their first home. The traveling nurse on the road. The Colorado widow living alone. The Florida shopper rebuilding after a hurricane. All agree with the comment from the North Carolina woman facing mobility issues: “This little tree is my solution.” 

“It’s neat to have an old memory right in front of ya,” a Texas man adds in his review. “Takes me back to a time when life seemed so easy.”

The Vermont Country Store, with 450 year-round workers, almost doubles its staff each December to maintain its retail shops, Manchester offices and Clarendon distribution center during the busy holiday season, Noyes says. But the merchandising manager won’t specify how many Charlie Brown Christmas Trees are sold.

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“Lots,” she says. “Lots and lots.”

All embodying something small and simple.

“Less is more,” one California reviewer summed up the tree. “It is a little ray of hope.”





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Resources for families as Vermont National Guard prepares for deployment

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Resources for families as Vermont National Guard prepares for deployment


MONTPELIER, Vt. (ABC22/FOX44) – Earlier this month, ABC22/FOX44 reported that members of Vermont’s Air National Guard would be sent to the Caribbean to take part in Operation Southern Spear.

Legislators from all three major political parties in Vermont wrote Tuesday about resources available for the families of the members sent out in the field. They said that Maj. Gen. Gregory Knight, Adjutant General of the Vermont National Guard, had officially confirmed the mobilization Monday.

“The uncertainty of a deployment is a stressful time for families, especially during the holiday. We thank our Vermont Guard Members and their families for their service to Vermont and our country. During this time, we encourage Vermonters to check in on their friends and neighbors impacted by this deployment.”

The “central hub” for family support the Vermont National Guard Family Programs Office. Its support line, (888) 607-8773, is available Monday through Friday from 7:30 a.m. to 4:30 p.m., with more available at its website at ngfamily.vt.gov.

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Families can ask at the support line to be connected with a local volunteer support group as well (include link).

There are also six regional centers across the state in Montpelier, White River Junction, Rutland, South Burlington, Jericho, and St. Albans. The National Guard describes these as “resource and referral experts” that can help families connect with any services they may need.

Information on these is available at their own webpage. https://www.ngfamily.vt.gov/Programs-Services/Military-and-Family-Readiness-Centers/

Other resources include:

The Vermont National Guard Charitable Foundation: (802) 338-3076 or https://vtngcharitable.org/VTNGCF to apply.

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Military OneSource, a federal referral program offered nationwide and 24/7: (800) 342-9647, www.militaryonesource.mil

Child and Youth Program Deployment Resources, with tools for children’s resilience during deployments: https://www.ngfamily.vt.gov/Resources/Youth-Deployment-Resources/

Yellow Ribbon Reintegration Program, events held mid-deployment for children and families: contact Staff Sgt. Jessica Smith at jessica.m.smith308.mil@army.mil

Vermont 211: https://vermont211.org/

ChildCare Aware: https://www.childcareaware.org/state/vermont/

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Hunger Free Vermont: https://www.hungerfreevt.org/



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