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Settlement Reached In Lowell Wind Dispute

Green Mountain Power

A Vermont couple will sell their farm to the state's largest electric utility for $1.3 million in order to settle a lawsuit over the ownership of land along the boundary of Green Mountain Power's 21-turbine industrial wind project.

Green Mountain Power and Don and Shirley Nelson of Lowell announced the settlement of the lawsuit on Monday. The Nelsons were some of the most vocal critics of the utility’s plan to build the Kingdom Community Wind project on a ridgeline near their home. In 2011, GMP sued the Nelsons in a boundary dispute over where their farm abuts the project.

Tuesday morning, Don Nelson said it was time to move on and declined to be interviewed, pointing instead to the couple’s statement issued Monday.  In it, the couple notes that “...if they had fought the court battle to the end ..... they would not have been able to reverse the effects on Lowell Mountain or cause the towers to be removed from the mountaintop.”

Vermonters for a Clean Environment Executive Director Annette Smith believes the settlement was the only alternative for the Nelsons.  “They have been put in a horrible position by Green Mountain Power.  Their farm, which Don Nelson has lived on for 72 years, borders one-point-five miles of the Lowell wind project.  There has been on-going litigation between them.  So this is the culmination of a very long and very difficult issue that was in no way easy for the Nelsons to do.”

Smith says the Nelsons are heroes to those fighting industrial wind projects.  “It enables the Nelsons to move on with their lives while also raising awareness about the harm being done by these big wind turbines. We hope that this sets a precedent for other neighbors to be able to get out through litigation.”

Green Mountain Power will purchase the Nelsons’ 540-acre farm for $1.3 million. The couple can remain in the home for up to two years and will retain 35 acres of property. GMP spokesperson Dorothy Schnure told WAMC that the utility is also not commenting except for its statement issued Monday: “The agreement meets the needs of the Nelsons as well as those of our customers.....We believe that this settlement represents an opportunity for both to move forward and we are pleased to have reached agreement.”

Annette Smith noted that the Nelsons had been trying to sell their farm for a decade. That’s well before Green Mountain Power began the project. Lowell Board of Selectmen Chair Richard Pion has been a supporter of Kingdom Community Wind, which has been producing power since the end of 2012. He noted that the town had appraised the Nelson’s property at just over $500,000. Pion says because the agreement totals nearly three times that, he and many in the town believe the settlement is all about money.  “They were the biggest ones that were opposed to it. They’ve been claiming there were so many health problems involved, why would they want to stay there another two years?  Plus he kept a small chunk of land. I don’t know if they’re going to build a house, or whatever, but it’ll still be within sight of the wind turbines. On that land he’ll still probably get the same amount of noise. But I just feel it was all about money.”

Pion adds that the turbine project has benefitted the town and its residents.  “We have no local municipal tax at this point. We only have to pay the statewide education tax.  So they’re paying one-third of everybody’s taxes, approximately. The majority of the protesters, besides a handful in town, the majority of the other protesters were all out-of-towners. Mr. Nelson was basically the chief protester. But I think it’s good to get this done with and get it over with.”

Don Nelson told WAMC that they plan to move, but probably will stay in Vermont.

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