Citizens for Protection of Libertyville scored another victory in court this morning. Judge Mitchell Hoffman issued a 2nd temporary restraining order against Aldridge Electric and DPR Investments LLC that shut down the turbine until July 14, 2009.

Citizens for Protection of Libertyville, a group of neighbors who live in the surrounding area, are suing the Village of Libertyville, Aldridge Electric Inc. and DPR Investments LLC to force the permanent shut-down of the 146' turbine that was erected within a few hundred feet of their backyards. The turbine and the turbine generator produce loud and incessant banging, whirring, thumping, and whistling noises that can be heard throughout the community. As a result, people are unable to fall asleep, are awakened during the night, suffer from nausea, headaches, and tinnitus as a result of the noise. Neighbors several blocks away have complained of being disturbed by the turbine.

"We were lied to." says David Gates, media spokesperson for the group.

"We were told that we wouldn't see or hear the turbine inside and outside our houses. Instead, the turbine completely dominates the neighborhood and dictates when we can open our windows, sit on our porches, or use our backyards."

The group is appealing the passage of the ordinances that allowed Aldridge to install the turbine. The Village passed the ordinance with virtually no public discussion or verification of Aldridge's claims.

The massive turbine was installed at Aldridge Electric's office building in April 2009. The facility is bordered by modest residences occupied by long-time residents of the community.

The neighboring residents were taken by surprise when the turbine appeared just a few hundred feet from the nearest residential property line. At the public hearing held on November 24, 2008, residents and plan commissioners were assured that the turbine would be neither visible nor audible from their homes. Aldridge's application and supporting documents to the Village show the turbine located substantially north and east of its current location.

However, on February 24, 2009, in response to an application by Aldridge, an ordinance was summarily approved by the Village Board allowing the turbine to be placed 190 feet west and 26 feet south of its previously approved location. This was accomplished without plan commission approval or notice to the residents.

Despite repeated appeals to Aldridge and the Village of Libertyville, Mr. Aldridge continued to operate the turbine and disrupt the neighborhood. As a result, the Citizens for Protection of Libertyville, represented by Richard Porter of Hinshaw & Culbertson, filed a lawsuit and an emergency motion for a temporary restraining order seeking the immediate cessation of turbine operations. On June 2, 2009, Judge Mitchell Hoffman signed an order requiring that the wind turbine be shut down until a hearing could be held.

Subsequently, on June 4, 2009, an order was entered to dissolve the TRO as the attorneys for both sides agreed to sit down for mediation later in the month.  It was also agreed that under no circumstances would the turbine be reactivated without seven days notice to the plaintiffs. Since that time the turbine has remained off.

Approximately 35 residents attended a meeting called by Aldridge to discuss issues related to the turbine. All but four of the people who spoke complained of the noise caused by the turbine. Despite those complaints, Aldridge informed residents that they would resume operation of the turbine on June 30, 2009.

Judge Hoffman agreed with the plaintiffs that the turbine must remain off until a full hearing can be held. A hearing is scheduled for July 14, 2009 at 1:30 p.m. in Room 302 of the Lake County Courthouse.

It is our sincere hope that, as a result of this meeting, Mr. Aldridge will appreciate the extent to which the adjoining neighborhood has been negatively impacted and work with us towards a solution.