Superior Court rules for BRSA
In her decision, Kilgallen said that the DEP permit - in conjunction with a state statute passed shortly after the Union Beach ordinance that forbids municipalities from imposing unreasonable restrictions on turbine projects - prevented the borough from applying its ordinance to the BRSA turbine.
October 18, 2012
by Keith Heumiller
in The Independent
Judge: Union Beach cannot enforce turbine ordinance
FREEHOLD -- The Bayshore Regional Sewerage Authority (BRSA) scored another victory in court today in its fight with the borough of Union Beach over a controversial wind turbine project.
State Superior Court Judge Honora Kilgallen heard cross motions from both parties at the Monmouth County Courthouse in Freehold on Oct. 19 relating to a court-mandated restraining order placed on the borough two years ago, ultimately deciding to keep it in place.
The restraining order, issued by Superior Court Judge John Tassini in 2010, prevents Union Beach from enforcing a borough ordinance passed in 2009... [continue via Web link]