Lyme wind law petition ruled valid

CHAUMONT — State appellate judges sided Wednesday with a lower court in determining that 10 Lyme town residents presented a valid petition last year to require a supermajority to pass a wind energy facility law.

The petition was signed by residents who thought the town zoning law had "excessive" setback requirements that stifled development of wind power. But the board rejected it after concluding the signers did not represent 20 percent or more of the total acreage in the town.

State Supreme Court Judge Hugh A. Gilbert disagreed with the board's contention that two signatures on a jointly owned parcel were required to include that acreage.

"We believe that it is sufficient for only one spouse to sign the petition," Appellate Judge John V. Centra wrote in affirmation of Mr. Gilbert's decision. "If the Legislature deems it appropriate to define 'owners' as all of the record owners of the property, it may certainly revise the statute to do so."

The board passed its zoning law by a 3-2 vote. The court has invalidated that action, saying the residents' petition triggers a four-vote requirement to pass the law.