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Newell et.al. vs. Libertyville - transcript

Lisa

July 24, 2009 5:49:10 AM

The residents of Libertyville, IL struggled since April 2009 with noise and flicker from a 120-foot, 50 kilowatt Entegrity wind turbine erected within 250-feet of residential properties. Following a civil proceeding seeking relief from the noise and other nuisances, the Court issued a compromise ruling ordering turbine operation be restricted to weekdays only during the hours of 9am to 3pm. Below is an excerpt of the court transcript explaining the law supporting the Court's ruling. The full transcript can be accessed by clicking on the link below.

Law suit filed RE: business-scale turbine adjacent to residential properties

Lisa

May 22, 2009 3:33:13 AM

This suit was filed against the Village of Libertyville (IL) and DPR Investments LLC shortly after a business-scale wind turbine was erected and became operational within 600 feet of residential properties. The Entegrity 50 kilowatt, 120-foot turbine is owned by DPR Investments doing business as Aldridge Electric Company. Complaints of noise, shadow flicker and blade flicker were heard right after the turbine started turning. On July 24, 2009, the Court issued a compromise ruling stating that the turbine was affecting neighboring residents and restricted the turbine hours of operation to weekdays from 9 a.m. to 3 p.m. (see: http://www.windaction.org/news/22373 )

Dekalb County Hearing Officer's findings of fact

Lisa

March 26, 2009 5:22:25 PM

In a public hearing session held on March 21, 2009 lasting from 9:00am Saturday to 3:40am Sunday, the hearing officer for Dekalb County heard extensive testimony for and against a proposal by FPL Energy to erect 133 turbines in the county. In a 14-page document filed with the county, the hearing officer recommended that the Special Use Permit be denied and listed eight reasons. The full document can be accessed by clicking on the links below.

Motion to dismiss filed with Dekalb County

Lisa

February 16, 2009 1:34:49 PM

The 'Citizens for Open Government' through its Attorney Richard Porter filed this motion to dismiss the special use permit application and the public hearing in the matter of FPL Energy Illinois Wind LLC. FPL Energy is seeikng a permit to erect up to 151 industrial scale wind turbines in an area currently zoned A-1, agricultural District. Attorney Richard Porter argues that the application is incomplete and the use not permitted according to current laws in the County. Attorney Porter's detailed arguments can accessed by clicking on the link below. The County took no action on this motion.

Real property value protection plan agreement

Lisa

July 08, 2008 7:00:49 PM

This agreement was drafted by attorneys in the State of Illinois. If adopted as a condition of approving a wind energy facility, the agreement would guarantee property value protections for landowners whose property is located within the footprint of the project site.

Len Freeman testimony before Logan County Zoning Board

Lisa

June 19, 2008 7:29:41 PM

The Logan County, IL zoning board of adjustment is conducting a public hearing on Horizon Wind's Rail Splitter wind facility. Mr. Len Freeman of Emden, IL presented this testimony before the Board. An excerpt of Mr. Freeman's testimony can be read below. His full testimony can be accessed by clicking on the link below.

Union Ridge residents statement to the Logan County Planning Commission

Lisa

June 04, 2008 7:51:57 PM

The below statement was filed with the Logan County Planning Commission in regard to the Rail Splitter wind energy facility proposed for Logan County, IL.

Michael McCann testimony re: Rail Splitter wind energy facility

Lisa

April 30, 2008 10:54:28 PM

Testimony of Mr. Michael McCann, a certified general real estate appraiser with 28-years experience appraising residential and commercial property. Mr. McCann addresses the possible impacts of wind turbine development on residential properties located within 1500-feet of the turbines. His full testimony can be read by clicking on the link at the bottom of this page.

Richard James testimony re: Rail Splitter wind energy facility

Lisa

April 30, 2008 10:39:24 PM

Richard James is a noise control consultant and acoustical consultant with E-Coustic Solutions in Michigan. In his testimony before the Tazewell County Zoning Board of Appeals in IL, Mr. James addresses the noise study conducted by Horizon Wind for the Rail Splitter wind energy proposal. His testimony can be accessed in full by clicking on the link below and reading from page 22 of the .pdf file. Mr. James' testimony is informative and compelling.

Protect Illinois' Environment Reports on Property Values

hughkemper

June 02, 2007 7:31:29 AM

Opponents of industrial farms have long known that property values decline when wind turbines are erected. Strong evidence now exists that allowing the construction of industrial wind turbines near residential properties causes a decrease in the value of said property.

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