Green Mountain Power and landowners in Lowell have reached a settlement in a case of counter claims involving GMP's wind turbine development there, called Kingdom County Wind. The litigation pertained to conflicting claims of ownership of an area of land at the top of Lowell mountain in the location of the wind turbine project. The lawsuit involved damage claims asserted by Green Mountain Power against the Nelsons and trespass and other damage claims asserted by the Nelsons against GMP.
The Nelsons issued the following statement Monday morning:
"Don and Shirley Nelson of Lowell, Vermont, have settled the lawsuit filed against them by Green Mountain Power Corporation. The litigation pertained to conflicting claims of ownership of an area of land at the top of Lowell mountain in the location of the wind turbine project. The lawsuit involved damage claims asserted by Green Mountain Power against the Nelsons and trespass and other damage claims asserted by the Nelsons against GMP.
"Under the settlement, Green Mountain Power will pay the Nelsons a total of $1,300,000 to purchase the Nelsons’ Lowell, Vermont farm.
"The Nelsons have released a statement noting that if they had fought the court battle to the end and prevailed – as they were confident they would have – they would not have been able to reverse the effects on Lowell Mountain or cause the towers to be removed from the mountain top. They would have received, at best, money damages comparable to what they achieved through settlement but only after a major courtroom battle with the possibility of appeals and with no certainty as to the outcome of the various claims and counterclaims filed by the Nelsons against Green Mountain Power and by Green Mountain Power against the Nelsons.
"The Nelsons stated that once the turbines were built, it was clear that they were not coming down and the effect on Lowell Mountain was irreversible. They made the decision that they would not remain in their Lowell Mountain hill farm in the shadow of the turbines. The Nelsons intend to move from their farm to a location well away from the turbines.
"As part of the settlement, Green Mountain Power agreed it would not oppose post-conviction relief sought by the citizen protestors who were convicted of trespass for standing on land that the Nelsons claim is theirs. Green Mountain Power acknowledged that the legal status and title to the land was in dispute.
"The Nelsons have been fierce opponents of the Green Mountain Power wind turbine project because of its impact on Lowell Mountain, a mountain that Don Nelson grew up with and that both Nelsons dearly love. The Nelson farm has been in the Nelson family for more than 72 years.
"The Nelsons expressed their gratitude to their many friends and neighbors who have battled with them to oppose the construction of wind turbines on Lowell Mountain."
GMP issued the following statement today regarding the settlement reached between GMP and Donald and Shirley Nelson of Lowell, Vermont:
“We are pleased to announce that GMP has reached agreement with Don & Shirley Nelson to settle all pending claims. As part of the mutual agreement, GMP will purchase the Nelsons’ 540-acre farm in Lowell for $1.3 million. Under the agreement, the Nelsons will remain in the home for up two years and will retain 35 acres of property in Albany.
“The agreement meets the needs of the Nelsons as well as those of our customers. Kingdom Community Wind is an important part of our growing investment in renewable energy in Vermont. It is an ongoing priority for us to deliver clean, cost-effective, renewable energy to customers including wind, solar, and hydro-electricity. Vermonters place a high value on the competitively-priced, low carbon energy developed at the site. Kingdom Community Wind is a critical part of that effort to ensure a clean-energy future in Vermont, and since 2012, the project has generated enough electricity to power more than 24,000 homes.
“We believe that this settlement represents an opportunity for both to move forward and we are pleased to have reached agreement.”
Source: GMP. Nelson family. 4.14.2014. Photo by vtdigger.org