The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 5 V.S.A. § 42)
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§ 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.)