I wanted to Share a great result for the development community.

Attached is the supreme court finding – noting that the court case that attempted to deny a development

On aesthetics lost the final hearing at the supreme court….this would have had far reaching consequences to development in Vermont- way beyond just Renewable energy…..

We helped the Chamber with Katie to hire counsel to do an amicus brief for the Chamber..

If this had not prevailed – Aesthetics alone could have overturned projects on appeal – and as we know

“beauty is in the eye of the beholder” – this is one for the good guys!

Just sharing the good news for those in the development community who may not have been updated on this issue.

 

Ernie Pomerleau

Pomerleau Real Estate

69 College Street

Burlington, Vemont 05401

802 8638210

WWW. VermontRealEstate.com

 

-------------------------------------------------------------------------

 

From: Katie Taylor [mailto:katie@vermont.org]
Sent: Monday, January 16, 2017 12:15 PM
To: Ernie Pomerleau <EPomerleau@vermontrealestate.com>

Ernie, 

 

I wanted to share the good news that the Vermont Supreme Court affirmed the lower court's decision in Myrick v. Peck, rejecting the concept of nuisance claims based on aesthetics! A great win for Vermont and for the development community. 

 

Thank you for supporting our work on this important project. 

 

Thanks,

Katie 

 

---------- Forwarded message ----------
From: Joslyn L. Wilschek <jwilschek@primmer.com>
Date: Fri, Jan 13, 2017 at 3:17 PM
Subject: FW: Docket No. 2016-169, Nancy Myrick v. Peck Electric Company, d/b/a Peck Solar, et al. Dale Hastings & Jess Whitney v. Solarcommunities, Inc., d/b/a Suncommon, et al.
To: Katie Taylor <katie@vermont.org>

Hi Katie, I am thrilled to report that the Vermont Supreme Court affirmed the lower court’s decision.  The decision very clearly rejected the landowner’s arguments and I think the Chamber’s brief gave the Court the confidence to issue such a strong opinioin.  This opinion is excellent for all renewable energy in Vermont and thank you for giving me the opportunity to be a part of this victory.

 

The other side has the opportunity to ask the Court for rearmament, and if they do, that almost always fails.  So unless that happens, this closes out our engagement and I really enjoyed working with you. 

 

cid:image002.jpg@01D0EAFE.357112E0

Joslyn L. Wilschek, Esq.

PRIMMER PIPER EGGLESTON & CRAMER PC

100 East State Street | PO Box 1309 | Montpelier, VT 05601

Tel: 802 223 2102, ext. 1118  | Fax: 802 223 2628

jwilschek@primmer.com | www.primmer.com

 

THE INFORMATION CONTAINED IN THIS ELECTRONIC TRANSMISSION IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE USE OF THE PERSONS OR ENTITIES NAMED ABOVE.  IF YOU ARE NOT SUCH PERSONS OR ENTITIES, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR REPRODUCTION OF THIS E-MAIL MESSAGE IS STRICTLY PROHIBITED.  IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY CALL US COLLECT AT (802) 864-0880.