Vermont Statutes Title 5 Sec. 42
Terms Used In Vermont Statutes Title 5 Sec. 42
- Agency: means the Agency of Transportation. See
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the Transportation Board. See
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
§ 42. Injunctive proceedings
Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Board, the Agency of Transportation may commence an action or proceeding in any Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation and asking for appropriate relief by way of injunction. It shall then be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary restraining order and preliminary injunction in accordance with the laws of the State and rules in the case made and provided. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Any other persons as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Agency. The final judgment in any injunction action or proceedings shall either dismiss the action or proceeding or direct that an injunction be issued as asked for in the petition or in a modified form as the court may determine will afford appropriate relief. (Added 1985, No. 222 (Adj. Sess.), § 1.)