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Willard v. Parsons Hill Partnership8/5/2005
hat the amendment is intended to respond to the injustice the majority seeks to prevent, the Legislature did not choose to make a general distinction between latent and patent defects. Thus, the Legislature rejected the majority approach, and the majority is implementing it anyway. The Legislature will be surprised to find that despite its carefully constructed solution to the notice problem, notice will be irrelevant for the tenants the Legislature sought to protect.
53. In summary, we are distorting our law on the relationship between statutory and common-law rights by enforcing a right directly denied by the plain meaning of the statute, all to give plaintiffs a theory of liability alternative to the theory they tactically chose to bargain away. In doing so, we are undermining a statutory amendment the Legislature enacted to respond to this kind of case. I respectfully dissent.
REISS, D.J., dissenting.
54. I join in Justice Dooley's dissent insofar as it addresses 9 V.S.A. § § 4457-4458 and the amendments thereto.
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