Press Release on Suit Against Select Board

FROM: Hugh Kemper and Scott Schuster
SUBJECT: Complaint for Violations of Vermont's Open Meeting and Access to Public

Documents laws

DATE: August 29, 2005


We are suing the Londonderry Select Board for violations of Vermont's Open Meeting and Access to Public Documents laws. These laws require that Select Boards conduct public business in public. Unfortunately, the Londonderry Select Board has been discussing Catamount Energy's proposal for an industrial wind plant on Glebe Mountain in secret, behind closed doors. The Board has also hidden from the public certain documents that are relevant to the project and to its discussions with Catamount. We understand that some members of the Select Board want to trade the support of the town for the project for money or some other consideration from Catamount. The public has a right to know what the Select Board is doing, and that's why we have filed suit.

We take no pleasure in suing the Londonderry Select Board for violating these laws.  Over the years, the Select Board has done a commendable job in administering Londonderry's day-to-day affairs.  However, these are extraordinary times for the Town of Londonderry that require extraordinary measures.

It is indisputable that the proposed industrial wind plant on Glebe (Magic) Mountain, if built, will unalterably change not only the town's identity but also its environment, economy and quality-of-life.  We believe these changes will cause irreparable harm to the town, its residents and non-resident property owners.

We represent a broad and diverse constituency who share this concern. Hugh Kemper represents the residents of Londonderry while Scott Schuster represents the non-resident property owners.

There have been two public meeting held in Londonderry over the past eight weeks that addressed the proposed industrial wind plant on Glebe: the Select Board Meeting on Wind held June 24th at the Flood Brook School attended by approximately 200 individuals and the Planning Commission meeting on proposed changes to the town plan on August 24th at the Town Hall attended by approximately 300 individuals. During both meetings an overwhelming majority of those in attendance voiced opposition to the proposed project. Furthermore, the Planning Commission unanimously opposes the project.

Over the past five to six weeks a petition that reads We the Undersigned are Against the proposed Industrial Wind Plant on Glebe Mountain has been circulating amongst Londonderry's residents and non-resident property owners as well to a lesser extent in neighboring towns. As of Sunday evening August 28th this petition has 1122 names including 416 registered voters representing 35% of Londonderry's Check List and 330 non-resident property-owners. There are a total of 855 names on the petition of individuals who live, work and/or own property in Londonderry. This petition along with the two aforementioned meetings and the unanimous view of the Planning Commission speaks volumes about the level of opposition to this project among Londonderry's residents and non-resident property owners.

We, as plaintiffs representing this extraordinary outpouring of opposition to this project, seek to protect our personal, political and property rights by requiring the Londonderry Select Board comply with Vermont's Open Meeting and Access to Public Documents laws.

Please direct inquiries to Hugh Kemper (802-824-4287)