Court approves cemetery removal
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By Josh O'Gorman STAFF WRITER - Published: November 24, 2009
MONTPELIER — An Environmental Court ruling has paved the way for a Springfield man to relocate a historic cemetery.
The two-page decision issued by the court will allow J. Michel Guite to move the remains contained within the so-called Aldrich Cemetery, a 27-foot by 41-foot private cemetery surrounded by Guite's 148-acre Hartland Farm.
"It's just one of those strange things in Vermont," Guite said of the ruling, which follows nearly two years of efforts on his part to move three graves within the cemetery. "It's strange to go through such a process for what has been common law since the Magna Carta."
In January 2008, Guite petitioned Windsor County Superior Court to relocate the graves, and with the blessing of Aldrich descendant Marcia Neal of Grand Junction, Colo., received permission to do so in June 2008. Guite did not yet own the property, but had a contract with the owner, Unified Buddhist Church, to purchase the property if the cemetery matter could be resolved.
The church had purchased the property back in 2000, and afterwards applied for and received an Act 250 permit to expand the facility. One of the conditions of the permit was the preservation of the cemetery and in June, District 3 Environmental Coordinator Linda Matteson issued a jurisdictional opinion stating Guite could not disturb the cemetery and must observe a 50-foot buffer around it.
The Environmental Court reversed that ruling on an interesting technicality: the cemetery isn't part of the property. The original deed from 1853 specifically excludes the cemetery, and the court ruled the property continues to be owned by the Aldrich family or their descendants.
"The cemetery was never owned by the Buddhists or Michel," said Guite's attorney, Christopher D. Roy of Downs Rachlin Martin. "It belonged to the Aldrich family, and since no member of the Aldrich family was involved in the Act 250 application, their property isn't subject to the Act 250 permit."
After reviewing the chain of deeds, John H. Hasen, general counsel for the Natural Resources Board- which issues Act 250 permits, agreed.
"This decision was based upon evidence that came forward after the jurisdictional opinion was issued," Hasen said. "I know this was a controversial issue, but we had to look at the facts and the facts indicated Act 250 did not apply to the Aldrich property."
The decision places the fate of the cemetery in Neal's hands.
"I'm pleased that at long last this has worked its way through the courts and found a fair resolution," Neal said. "My goal was to preserve the history of the cemetery while at the same time recognizing Mr. Guite's property rights."
Neal said her plans include the construction of a memorial on a corner of Guite's property and either reinterring the remains from the cemetery or disinterring and cremating them.
"That's what (Guite) has proposed and I see no reason not to," Neal said.
Tom Giffin, president of the Vermont Old Cemetery Association, said Monday he was disappointed with the ruling.
"So they decided a Grand Junction, Colo., resident can decide what happens to a piece of property in Vermont," he said. "We're losing a piece of history. This is a sad day for Vermont."
josh.ogorman@rutlandherald.com
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