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: 30 V.S.A. § 32)
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§ 32. Injunction proceedings
Whenever the Department of Public Service is of the opinion 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 Commission 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 Commission, the Department of Public Service
may commence an action or proceeding in the 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 complained of and praying
for appropriate relief by way of injunction. It shall 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 injunction in accordance with the laws of the State and rules in the case
made and provided. The obtaining of a temporary injunction shall constitute a waiver
by the State of its sovereign immunity to pay the person enjoined damages as the person
may sustain by reason for the injunction if the court shall eventually decide that
the State was not equitably entitled to it and the State shall be liable to pay to
the person enjoined the sums as would be payable by any other person in the premises.
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. Other persons
or corporations 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 Department. The final judgment in any action or
proceeding shall either dismiss the action or proceeding or direct that an injunction
be issued as prayed for in the petition or in such modified form as the court may
determine will afford appropriate relief. (Added 1961, No. 263, § 11, eff. July 31, 1961; amended 1979, No. 204 (Adj. Sess.), § 18, eff. Feb. 1, 1981; 2023, No. 85 (Adj. Sess.), § 348, eff. July 1, 2024.)