Less than a week after the Vermont Supreme Court ruled in favor of the project, Higher Ground announced that Burton Snowboards has pulled out of plans for the music venue to move into the company’s Burlington headquarters.
“Despite our extensive efforts and the strong support from many South End residents, Higher Ground will not be relocating to the Burton Snowboards campus,” the South Burlington venue and concert promoter posted on social media just after noon Wednesday, July 17.
“We are deeply disheartened that Burton has decided to change direction in their plans for the building we were to occupy,” the social-media post reads. “This resulted in a significant loss of time and resources for Higher Ground.”
Plans began taking shape about five years ago for Higher Ground to open a venue inside the Burton facility on Queen City Park Road in the South End of Burlington. The current club on Williston Road in South Burlington, which holds 770 patrons in its Ballroom and 330 in its Showcase Lounge, would have closed in favor of a room at Burton that could accommodate up to 1,500 music fans.
Residents in nearby neighborhoods took the case to court, arguing that a night spot would have a negative impact on their quality of life. Neighbors appealed to Vermont Superior Court, which ruled in favor of the project, and then to Vermont Supreme Court. The case finally appeared to be settled with a ruling posted July 12 on the state Supreme Court website that allowed the project to go ahead.
“Appellants argue that the (Vermont Superior) court erred in permitting the sale and consumption of alcohol within the entire performance space, in determining that the City of Burlington’s noise ordinance did not apply as a performance standard, and in concluding that the increased traffic noise will not have an undue adverse impact on the surrounding area,” the Vermont Supreme Court ruling reads. The ruling said members of the court “reject each of the appellants’ arguments and affirm the (lower) court’s order.”
Burton's response
The Burlington Free Press reached out by email Wednesday morning to Burton, prior to Higher Ground’s social-media post, seeking comment regarding the settling of the court case. Taren Dolbashian, a senior public-relations manager, responded with one sentence attributed to Sonya Sibold, vice president and general counsel at Burton: “We are pleased with the decision of the Vermont Supreme Court and are happy to put this issue to rest.”
Dolbashian did not immediately respond to a request for comment following Higher Ground’s announcement that it would not be relocating to Burton. Alex Crothers, co-founder and owner of Higher Ground, replied to a texted request for comment by sharing the venue’s social-media post.
Right decision, but not for the reasons stated
James Dumont, a Bristol lawyer representing residents opposed to the project, wrote in a Wednesday afternoon email that “this is clearly the right decision for Burton and for Higher Ground, but not for the reasons stated.”
“Members of the Burlington City Council had already made clear to Burton (at a meeting we had asked for to discuss the Entertainment Permit ordinance and how it would be applied to Burton/HG) that their expected hours of operation were not going to sit well with the City Council,” according to Dumont. “Some stern language was used, to put it mildly.”
There are other locations in the Burlington area “that are not nestled up against residences like this one is,” Dumont wrote. “At those other locations, there will not be neighbors whose quality of life and home values are in jeopardy.”
“We think it is not a coincidence that this decision was not disclosed until after the Supreme Court ruling. Burton and HG do not want it to appear that the community won,” according to Dumont. “We wish Higher Ground the best, at another, better location.”
Higher Ground indicated it plans to search for another location as soon as possible.
“We remain committed to enhancing Burlington’s music and arts scene by providing more access to top-tier performances,” the venue’s social-media post reads. “We believe that a vibrant local entertainment venue benefits the entire community. We are continuing to seek the best possible venue to bring mind-blowing performances to the area and will keep you updated on our progress.”
Contact Brent Hallenbeck atbhallenbeck@freepressmedia.com.
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