Alexander N. Burke
How Judge Burke decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a civil partition action he will order an owelty-style assignment of the whole parcel to one co-owner, rather than a forced sale, when the land cannot fairly be divided in kind -- a practical, use-preserving remedy.
“The property located at 86 Buck Hill Road in Shaftsbury, Vermont is assigned to Plaintiff.”
Procedural preferences
In residential ejectment he strictly enforces the statutory pre-suit notice requirement: a landlord who cannot show proper actual notice of lease termination -- by hand delivery or mailing, with any required occupancy notice and certification -- will have the action dismissed before the merits, and any pending summary-judgment motion mooted.
“Defendant’s motion to dismiss is GRANTED. Plaintiff’s motion for summary judgment is MOOT.”
In foreclosure he will not enter judgment until the lender files a certification that complies with the foreclosure rule; he treats the defect as curable by refiling rather than as grounds to dismiss, denying both the lender's judgment motion and the borrower's dismissal motion until the paperwork is right.
“For the following reasons, the motions for judgment are DENIED, the motion to dismiss is DENIED, and the motions to strike are MOOT.”
He enforces personal-jurisdiction limits on out-of-state defendants: a defendant with no minimum contacts in Vermont will be dismissed, and a motion to amend to add related out-of-state parties denied as futile on the same ground.
“World Insurance Associates, LLC’s motion to dismiss is GRANTED. Plaintiff’s motion to amend their complaint is DENIED.”
Cautions
A party seeking leave to add a new claim must set it out with particularity (ideally attaching a proposed pleading); a bare, unparticularized request for leave to amend is likely to be denied.
“Plaintiff’s motion for leave to file a second amended complaint, filed July 26, 2024, is denied.”
Relief must be pleaded, not sprung at the final hearing: an injunction requested orally at trial, absent from the pleadings, will be refused even apart from the merits.
“permanent injunction is denied as it was not properly raised in any pleadings.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant’s motion to dismiss is GRANTED. The rent escrow order, the partial judgment order, and the writ of possession are hereby VACATED. Defendant’s remaining motions are MOOT.”
“Defendant’s motion to dismiss is GRANTED. Plaintiff’s motion for summary judgment is MOOT.”
“For the following reasons, the motions for judgment are DENIED, the motion to dismiss is DENIED, and the motions to strike are MOOT.”
“For the foregoing reasons, Plaintiff’s motion for summary judgment is GRANTED.”
“the motion is GRANTED IN PART and DENIED IN PART.”
“the Town of Chittenden’s motion for summary judgment, filed October 1, 2024, is GRANTED. The motion for summary judgment filed October 1, 2024, by Plaintiffs John and Debra Gerlach, is DENIED.”
“Defendants’ motion for summary judgment is denied. Plaintiffs’ motion for summary judgment is granted in part, denied in part as described above.”
“The Respondent’s motion for judgment as a matter of law is GRANTED in the alternative.”
“The motion to dismiss Counts I and II of the Amended Complaint, filed November 22, 2023, by Defendants Russell and Pease, is granted as to Count I and denied as to Count II.”
“Plaintiff’s motion for leave to file a second amended complaint, filed July 26, 2024, is denied.”
“World Insurance Associates, LLC’s motion to dismiss is GRANTED. Plaintiff’s motion to amend their complaint is DENIED.”
Put Judge Burke's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Burke actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Burke's own signed orders and cites them.