Granite City v. Perrotte ( 2024 )

VERMONT SUPERIOR COURT CIVIL DIVISION
Washington Unit Case No. 23-CV-04485
65 State Street
Montpelier VT 05602
802-828-2091
www.vermontjudiciary.org
Granite City Investors, LLC v. Ashley Perrotte et al
ENTRY REGARDING MOTION
Title: Motion to Seal (Motion: 1)
Filer: Francine Belville
Filed Date: August 29, 2024
Defendant Belville has filed a motion seeking to seal this action under V.R.P.A.C.R. 9.
She asserts her belief that this eviction action might later be viewed and considered against her
by potential future landlords. Plaintiff opposes the request.
While the Court appreciates the potential concerns cited by Defendant, they do not
warrant granting the extraordinary request. First, Vermont’s Courts and its cases are typically
open and transparent to public view. That ensures public scrutiny and oversight over most
judicial proceedings. Second, this case does not fall into the narrow category of cases that are
statutorily exempt from public view, such as juvenile matters. Third, where circumstances
warrant, individual documents are sometimes sealed in other types of cases. Defendant,
however, seeks to seal this entire case.
Finally, any request to seal faces a high bar. The Court must find that the request is
supported by “good cause and exceptional circumstances.” Id. Those terms are further
reinforced and defined by the strong constitutional right of access to court records set out in
cases such as State v. Densmore, 160 Vt. 131, 133–35 (1993). See also Press-Enterprise Co. v.
Super. Ct. of Cal., 478 U.S. 1, 13–14 (1986) (sealing must be “essential to preserve higher
values and … narrowly tailored to serve that interest”).
Defendant’s proffered fears of possible future uses of this proceeding fail to reach that
high bar and, if accepted, would result in an order to seal in a great many eviction cases. The
standards set out in Rule 9 do not support such a result.
The motion is denied.
Electronically signed on Monday, September 30, 2024, per V.R.E.F. 9(d).
_______________________
Timothy B. Tomasi
Superior Court Judge
Entry Regarding Motion Page 1 of 1
23-CV-04485 Granite City Investors, LLC v. Ashley Perrotte et al