NEBORSKY v. TOWN OF VICTORY (2021)

United States Court of Appeals, Second Circuit.

Ruth Anne NEBORSKY, Plaintiff-Appellant, v. TOWN OF VICTORY; Ferne Loomis, in her official and personal capacity; Carol Easter, in her official and personal capacity; Bonnie Batchelder, in her official and personal capacity; and Batchelder Associates, in its official and personal capacity, Defendants-Appellees.*

20-1908-cv

Decided: April 26, 2021

PRESENT: José A. Cabranes, Rosemary S. Pooler, Joseph F. Bianco, Circuit Judges.

FOR PLAINTIFF-APPELLANT: Deborah T. Bucknam, Bucknam Law, PC, Walden, VT. FOR DEFENDANTS-APPELLEES: Marikate E. Kelley, MKelley Law, PLC, North Ferrisburgh, VT (Philip C. Woodward, Woodward & Kelley, PLLC, Ferrisburgh, VT, on the brief), for Town of Victory. Kevin L. Kite (Constance Tryon Pell, on the brief), Carroll, Boe & Pell, PC, Middlebury, VT, for Ferne Loomis and Carol Easter. Gary L. Franklin, Primmer Piper Eggleston & Cramer PC, Burlington, VT, for Bonnie Batchelder and Batchelder Associates.

SUMMARY ORDER

Plaintiff-Appellant Ruth Anne Neborsky appeals from a judgment of the District Court dismissing on summary judgment all of her claims against the Town of Victory, town officials Ferne Loomis and Carol Easter, and accountant Bonnie Batchelder and Batchelder Associates, PC. On appeal, Neborsky contests the dismissal of her equal protection claims under the Fourteenth Amendment of the U.S. Constitution and the Common Benefits Clause of the Vermont Constitution, and her claims of false and defamatory statements by the Batchelder Defendants and town officials Loomis and Easter.

Upon a review of the record and the District Court's careful and thorough evaluation of that record, we AFFIRM the May 22, 2020 judgment of the District Court.

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