The proponent of a 34-turbine wind farm on county-owned Theta land near Crystal Lake in Bear Creek Township filed a lawsuit against a resident for not signing over an easement to build a road quickly enough. Pennsylvania Windpower Inc., a subsidiary of Energy Unlimited Inc., filed suit against David Fedak in Luzerne County Court on Tuesday. The company paid Fedak as well as Joseph and Sally Horny $12,000 for an easement on his property to provide access to the proposed project, according to court documents.

The proponent of a 34-turbine wind farm on county-owned Theta land near Crystal Lake in Bear Creek Township filed a lawsuit against a resident for not signing over an easement to build a road quickly enough.

Pennsylvania Windpower Inc., a subsidiary of Energy Unlimited Inc., filed suit against David Fedak in Luzerne County Court on Tuesday. The company paid Fedak as well as Joseph and Sally Horny $12,000 for an easement on his property to provide access to the proposed project, according to court documents.

The company asks Fedak to pay monetary damages and attorney's fees because, according to court documents, he has delayed signing over the easement and to adhere to an agreement reached Dec. 5, 2004.

The easement would provide company access to the Theta land where it hoped to build the wind park.

Energy Unlimited's project includes two applications, one to build nine turbines and another to build 25, and has been held up in legal battles for the past year since township supervisors rejected both applications. Last month the company said it plans to resubmit applications with the township after the state Supreme Court refused to hear its appeal regarding 25 of the proposed 34 turbines.

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