BURLINGTON, Vt. (WCAX) – A yearslong legal battle over moving South Burlington concert venue Higher Ground to Burlington’s South End is now in the hands of the Vermont Supreme Court.
Higher Ground is trying to move its flagship venue currently on Williston Road in South Burlington to an 11,000-square-foot facility on the Industrial Parkway owned by Burton. But the plan has been wrapped up in years of litigation over traffic, noise, and alcohol consumption concerns.
“This project would represent a sea change for this district, which is a residential area,” Sarah Star, an attorney for neighbors, told the High Court Tuesday.
A lower court required Burton and Higher Ground to agree to have double doors to block sound, limitations on tailgating, noise monitoring, and no more than 12 events a year ending past midnight. “We’re talking about regular consistent sounds from passenger vehicles that are like the sounds already in the area,” said Geoff Hand, a lawyer representing Burton.
The neighbors’ group appealing the decision, says the area is not equipped to handle the traffic over a single-lane bridge and worries about concertgoers getting behind the wheel after drinking.
For years, bars were not allowed in the South End, so the city of Burlington updated its zoning laws to help make way for the venue.
Lawyers for the neighbors and Burton sparred over how and where alcohol should be served and whether the city’s conditional use permits allow people to buy drinks in the same room as the performance or whether the bar should be located in another room. “It would go from having a district with no bars to probably one of the largest functional bars in the city and maybe the state,” Star said.
“There is no table service in this facility so the areas in which food and drinks will be prepared and served will be quite limited,” Hand said.
If the project as envisioned moves forward, the South End warehouse would be turned into an event space with dining options, a skatepark, and the 1,500-seat venue.
There is no set timeline for when the Supreme Court will hand down a decision.