MONTPELIER, Vt. (WCAX) – Two state officials faced off before the Vermont Supreme Court Wednesday.

State Auditor Doug Hoffer in 2023 was investigating Burlington’s tax increment financing, or TIF district, and requested a legal opinion from Attorney General Charity Clark.

Clark declined, saying Hoffer’s questions should be handled by another entity. Hoffer sued, saying the AG should have provided a legal opinion.

During oral arguments, Hoffer’s private attorney, Matthew Byrne, argued that the case is about the rule of law and the power of statewide officeholders. “There is no policy question there, and the auditor takes no policy positions on these kinds of things,” Byrne said.

“Those issues should be more appropriately addressed at the administrative agency responsible for them. The AG never said she would stop providing legal advice to the auditor,” said Vt. Solicitor General John Rose.

There is no timeline on when the court will rule on the case.

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