In re Cross Pollination
191 Vt. 631
| Vt. | 2012Background
- Madden appeals the Board's certificate of public good for Cross Pollination's solar farm in New Haven, alleging improper application of §248(b)(5) and an undue adverse aesthetic impact.
- Cross Pollination sought a 2.2 MW solar facility along Route 7; Madden, an intervenor, opposes.
- Town of New Haven and several state and regional bodies supported the project and joined in a stipulation to issue the certificate with conditions.
- The presiding hearing officer and the Board found the aesthetic impact adverse but not undue under the Quechee test, due to mitigations and alignment with plans.
- The Board's decision rested on substantial evidence and proper Quechee-type analysis, with deference to the agency’s expertise.
- The Court affirms the Board, reviewing only the § 248(b)(5) aesthetics issue and deferentially upholding the Board's findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Quechee test supports no undue aesthetic impact | Madden argues undue adverse aesthetic effect | Board finds no undue effect given mitigations and plan conformity | Not undue; decision affirmed |
Key Cases Cited
- Quechee Lakes Corp., 154 Vt. 543 (Vt. 1990) (approved the Quechee test for aesthetics under §6086(a)(8))
- In re UPC Vt. Wind, LLC, 2009 VT 19 (Vt. 2009) (adopted Quechee-based three-part test for undue aesthetic impact)
- In re Times & Seasons, LLC, 2008 VT 7 (Vt. 2008) (deference to Board; weighing of aesthetic impact evidence)
- In re Vt. Elec. Power Co., 2006 VT 69 (Vt. 2006) (great deference to Board on policy judgments)