Schuylkill judge denies appeal on windmill project
Rampolla knew that wind turbines are not permitted in the zoning district and should have known Squires had no authority to issue the permit, Miller wrote.
"To now argue that (Broad Mountain) acted in good faith is not supported by the record. (It) relied upon at best a mistakenly issued zoning permit and then proceeded to expend resources on a multi-million dollar project with no notice to the adjoining landowners in the Fountain Springs valley.
May 30, 2010
by Peter E. Bortner
in Standard Speaker
POTTSVILLE - A Schuylkill County judge on Friday rejected a Gilberton company's appeal of the Butler Township Zoning Hearing Board's rejection of its plan to build 27 windmills along the top of Ashland Mountain.
In a 17-page opinion, Judge Charles M. Miller ruled Broad Mountain Development Co. LLC did not show the board erred or abused its discretion in revoking its zoning permit for the wind turbines on 1,110 acres.
The decision at least temporarily ends the proposed construction in Butler Township of the turbines, which have sprouted on many mountains in northern Schuylkill County.
Township Zoning Officer Thomas Squires issued the... [continue via Web link]