Vermont Judge rejects arguments that trespass charges are fueling a civil land dispute
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July 31, 2012
Newport, Vermont: Judge Robert P. Gerety, Jr. of the Vermont Superior Courts has refused to drop trespassing charges against five individuals who are being tried for entering land allegedly belonging to the Lowell Mountain Wind Power Project. Defense attorney Kristina Michelson argued that the charges should be dropped because the trial is, she claims, being use to resolve a land dispute at the center of the controversy. The five individuals stated that they were on property owned by the Nelson's, who are contesting Green Mountain Power Corp.'s use of the land to build the wind power project. However, the state maintains that a survey map indicates that they were on land controlled by the energy company. While the civil suit over the property border is pending, Gerety claimed the criminal suit would not effect it. He wrote:
| “ | "It is not likely that the outcome of this case will settle the civil dispute between Nelson and GMP. Also, it appears to the Court that the prosecution may well be motivated by a desire to avert a breach of the peace and to protect public safety at a construction site.[1] | ” |
The final decision for both lawsuits is still pending.[2]
See also
Footnotes
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ San Francisco Chronicle, "Vt. judge won't drop charges against wind foes" 7/11/2012
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