Geprags lawsuit rejected by state's highest court

The Vermont Supreme Court ruled on Friday that it was "not swayed" by arguments from Hinesburg residents that a natural gas pipeline violated Vermont's prior public use doctrine.

"We reject intervenors’ arguments that VGS cannot condemn the park because the land must be awarded special protection as a public park," the ruling written by Justice Beth Robinson stated.

Seven Hinesburg residents spoke at public meetings, protested and ultimately filed a lawsuit last year to stop Vermont Gas Systems Inc. from installing a natural gas pipeline under Geprags Park, an 85-acre area with wetlands and walking trails.

The group fought the easement through the park last September before the Public Service Board and the Hinesburg Selectboard. Both decided in favor of the utility.

The 41-mile pipeline extension into Addison County was completed in April 2017 after more than three years, countless protests in the park and at the utilities South Burlington offices, and $165 million in construction costs.

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The justices decided: "the prior public use doctrine does not preclude condemnation of land already dedicated to a public use when the proposed use will not materially impair the prior use."

The justices wrote that the Public Service Board would be the best judge of whether or not the pipeline impaired public access.

Justice Harold Eaton had the only dissenting opinion in the case on what he wrote was a "relatively minor point."

"The terms of the easement as set forth by the Public Service Board would materially impair park land dedicated exclusively for recreational or educational purposes. Accordingly, I respectfully dissent," Eaton wrote.

Vermont Gas, in a statement on Friday, called the ruling "welcome news" for its customers and for fuel costs.

"We are focused on the future and bringing even more choices to help our 50,000 customers save money and reduce their energy needs," the statement said.

Rachel Smolker, one of the Hinesburg residents active in the lawsuit stated the ruling will not stop protesters from fighting the pipeline.

"We have learned too much about how this pipeline was slapped into the ground in haste and without oversight, such that it now poses a serious safety risk to Vermonters," Smolker said in the statement.

DECISION: Vermont Gas Systems, Inc. v. William Marks, Nancy Baker, Linda Gage, Rachael Smolker, Melanie Pulley, Stephanie Spencer, and Lawrence Shelton, Appellants