Trichome VT LLC v. Essex Junction Local Cannabis Control Commission

Summary

The Vermont Superior Court dismissed Trichome VT LLC’s appeal from the Essex Junction Local Cannabis Control Commission’s revocation of its local cannabis cultivation license. The court held that Vermont Rule of Civil Procedure 74 applies to decisions of state boards or agencies, not municipal departments, and that the cited statutes did not authorize Superior Court review of the local commission’s decision. The court denied Trichome’s motion for default judgment as moot.

Holdings

1. V.R.C.P. 74 applies to decisions by state boards or agencies and does not authorize an appeal to the Superior Court from a municipal department such as the Essex Junction Local Cannabis Control Commission.
2. Neither 3 V.S.A. § 843 nor 7 V.S.A. § 863(b) authorizes the Vermont Superior Court to review the LCCC's decision revoking Trichome's local cannabis license.
3. Trichome's motion for default judgment was denied as moot because the court lacked subject matter jurisdiction over the appeal.

Questions Presented

1. Whether the Vermont Superior Court had subject matter jurisdiction under V.R.C.P. 74 or 3 V.S.A. § 843 to review a municipal local cannabis control commission's revocation of a local cannabis license.
2. Whether Trichome was entitled to default judgment or other relief after the City moved to dismiss.

Disposition

dismissed