Following on the heels of the Cape Cod Commission, which began an appeal process last week, the town of Barnstable has filed paperwork with the Supreme Judicial Court to challenge the Cape Wind proceedings. In a release issued Monday, the Cape Cod Commission confirmed its plans to appeal the comprehensive permit granted to Cape Wind Associates last month.

BARNSTABLE - Following on the heels of the Cape Cod Commission, which began an appeal process last week, the town of Barnstable has filed paperwork with the Supreme Judicial Court to challenge the Cape Wind proceedings.

In a release issued Monday, the Cape Cod Commission confirmed its plans to appeal the comprehensive permit granted to Cape Wind Associates last month.

"On June 12, 2009, the Cape Cod Commission began the process of appeal of that decision to the Supreme Judicial Court of Massachusetts - not to address the merits or demerits of this particular project, but to address the jurisdictional conflicts between the Commission and the Energy Facilities Siting Board. The Commission's jurisdiction is as wide as the EFSB's is deep," wrote Executive Director Paul Niedzwiecki.

Barnstable Town Attorney Ruth Weil said the town filed notice of intent to file with the Supreme Judicial Court Tuesday. The town now has 10 days to complete the full complaint.

"The jurisdiction of the conservation commission and the planning board has been usurped," said Weil in response to why the town decided to file the lawsuit.

Weil said the town was given "less than a fair and open proceeding" and that the EFSB "trumped our local boards."

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