This story by Corey McDonald was first published by the Other Paper on April 4.
A yearslong court case opposing a housing development in South Burlington’s Wheeler Nature Park is headed to trial but appears destined to be appealed to the state’s highest court.
The project would see 32 mixed-housing units built in the Wheeler Nature Park in South Burlington, part of a larger parcel that itself was once the subject of a lengthy court case. But the project was appealed by a group of nearby homeowners and has since been moving through the courts.
A motion for summary judgment by appellants opposing BlackRock Construction’s development at 550 Park Road, on the corner of Dorset Street and Park Road, was denied last month, setting up a seven-day trial scheduled for May 6.
The case has lagged through environmental court since 2022, with 26 competing motions entered and decided upon by the court.
A group of 125 nearby homeowners — from the Inverness Homeowners’ Association, Glen Eagles Homeowners’ Association, Villas at Water Tower Hill Homeowners’ Association and the Neighbors Committee to Stop Neighborhood Blasting — have worked since early 2022 to block the development from acquiring Act 250 approval.
The appellants contend that city plans and reports have called for this land to be preserved in perpetuity. There are several issues for residents’ — one being that the scenic view of the Green Mountains over the Wheeler Nature Park would be interrupted for local homeowners.
“That is going to be disrupted and taken away — not just for (nearby residents) but for everyone,” James Leas, a patent attorney and one of the opposing neighbors, said.
The view of the mountains, Leas said, is discussed in city reports and the land is supposed to be preserved according to South Burlington’s city plan. Meanwhile, the project would disrupt residents’ quality of life through the blasting of rock ledges, while natural wildlife would be disrupted.
“It’s a designated natural area that is to be preserved in perpetuity, and the only development allowed is unpaved walking trails,” Leas said. “That’s directly from the city plan.”
BlackRock, in court documents opposing the appellants motion for summary judgment, said that the residents have “failed to show that the undisputed facts demonstrate they are entitled to judgment as a matter of law.”
City zoning maps, BlackRock said in court documents, show that the city “expressly authorizes the residential development proposed by BlackRock that the city has already approved.”
An official with BlackRock did not respond to a request for comment.
In denying the appellant’s motion for summary judgment, Superior Court Judge Thomas G. Walsh said that “there are disputes of fact that warrant denial of the motion in favor of trial on the merits.”
While the case will be heard in court, residents challenging the development say they plan on appealing the case. Last week, they filed a motion for interlocutory appeal, which would allow the appellants the right to appeal before the case goes to trial.
The 110-acre Wheeler Nature Park was first acquired by the city in 1993 and has years of legal history. The parcel in court was first created in 2017, the result of a settlement agreement that included the swapping of the 7 acres for 22 that have been conserved into perpetuity with Wheeler Nature Park.
The land swap was eventually approved by a Town Meeting Day vote in 2011, although the vote was not legally binding and only considered a “good faith” gesture on the part of the city, former city attorney Jim Barlow said at a council meeting in 2015, according to previous reporting.
That settlement agreement created specific zoning for the parcel, laying out specific development guidelines.
BlackRock first applied for Act 250 permitting for the project in September 2021.
