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Terms Used In Vermont Statutes Title 30 Sec. 2805

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

§ 2805. Appeal; commissioners; hearing on report

A party to the cause who feels himself or herself aggrieved by the final order or decree of the Commission shall have the right to take the cause to the Supreme Court. Such appeal shall be taken and the cause entered in the Supreme Court for the county where the petition and citation were returnable, in the manner and under the law and rules of procedure that govern such appeals from the Superior Court, and the Supreme Court shall have the same power therein that it has over appeals from such Superior Court. The Supreme Court, if cause is not shown to the contrary, on motion of either party, shall appoint three disinterested freeholders, residents of the county where the appeal is taken, unless otherwise agreed upon by the parties, to be commissioners, who shall appoint a time and place of hearing the matter set forth in the petition and give at least six days’ notice thereof to the parties; and, after hearing the parties, the commissioners shall report in writing the facts found by them and such other findings as the Court may direct. Upon the return of the report, either party may object to its acceptance for good cause shown and the Court may set aside the report and order a rehearing; but if the Court accepts and establishes the same, the Court may reverse or affirm the orders or decrees made by the Public Utility Commission, and may remand the cause to the Commission with such mandate as law and equity require; and the Commission shall enter an order or decree in accordance with such mandate. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)