Neighbors of Green Mountain Power Corp.’s Lowell wind project are appealing to the state Supreme Court a decision that allowed the utility to continue blasting to make way for turbines.
Lawyers for Don and Shirley Nelson filed their appeal Tuesday, arguing that by preventing guests of the Nelsons to use a portion of their land that sits within 1,000 feet of Green Mountain Power’s blasting, the court is violating their right to exclusive possession of their land and their right to assembly.
“The Nelsons have the right to the exclusive use and occupancy of their own land and to deny the use of their land to others, including GMP, regardless of how important the use of the Nelsons’ land may be to GMP,” the appeal argues.
The Nelsons, whose Lowell farm abuts the land where Green Mountain Power started work on building 21 turbines in September, made their argument that Green Mountain Power was preventing them from using part of their land last month in Orleans County Superior Court. Judge Martin Maley ruled against them.
Protesters have been camping out on the Nelsons’ land in hopes of delaying Green Mountain Power’s blasting, which is intended to create a crane path for construction of the turbines. Maley ruled that the protesters were barred from being within 1,000 feet of the blasting and authorized police to cite them if they refused to move during blasting.
Protesters, meanwhile, plan an “open house” Sunday to guide interested people to the site atop the mountain. The group plans to start at 11:30 a.m. in front of the Craftsbury Public Library.