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Federal suit filed to stop Ogle wind farm project

Patricia Muscarello has asked the federal courts to permanently stop the Ogle County Board from allowing power-generating windmills to go up and the power company from building them

ROCKFORD — A woman who lives in Fountain Hills, Ariz., but owns land in Ogle County filed a 12-count federal lawsuit that seeks to stop the establishment of a wind farm in Ogle County.

Patricia Muscarello has asked the federal courts to permanently stop the Ogle County Board from allowing power-generating windmills to go up and the power company from building them.

Among those named in the suit are County Board members, the Zoning Board, Baileyville Windfarms, Navitas Energy and just about anyone who gave testimony while the prospect of a $90 million wind farm project spread across 5,000 acres in Ogle County was being debated, including her husband, Marco.

“That’s what you have to do,” Marco Muscarello said in a phone interview from his Arizona home. “We have to put anyone who spoke down as a defendant.”

Muscarello adamantly opposes a wind farm. His property won’t have any windmills on it, nor does he live on the 240 acres of farmland that he owns.

Still, he said, if he ever wanted to subdivide and sell off the land, his profits would be hurt by the existence of neighbors’ windmills.

More importantly, Muscarello said, the county is infringing on his individual rights.

“Our... more [truncated due to possible copyright]  

ROCKFORD — A woman who lives in Fountain Hills, Ariz., but owns land in Ogle County filed a 12-count federal lawsuit that seeks to stop the establishment of a wind farm in Ogle County.

Patricia Muscarello has asked the federal courts to permanently stop the Ogle County Board from allowing power-generating windmills to go up and the power company from building them.

Among those named in the suit are County Board members, the Zoning Board, Baileyville Windfarms, Navitas Energy and just about anyone who gave testimony while the prospect of a $90 million wind farm project spread across 5,000 acres in Ogle County was being debated, including her husband, Marco.

“That’s what you have to do,” Marco Muscarello said in a phone interview from his Arizona home. “We have to put anyone who spoke down as a defendant.”

Muscarello adamantly opposes a wind farm. His property won’t have any windmills on it, nor does he live on the 240 acres of farmland that he owns.

Still, he said, if he ever wanted to subdivide and sell off the land, his profits would be hurt by the existence of neighbors’ windmills.

More importantly, Muscarello said, the county is infringing on his individual rights.

“Our strongest point is that by grabbing our property rights, they are doing it illegally,” he said. “They’re grabbing our air rights and giving them to a private company. ... It’s not for the public good; it’s for a private company.”

The 53-page, 12-count lawsuit filed one week ago claims that the entire process leading up to the county’s 21-2 vote approving a special-use permit for Navitas to start construction of the windmills was flawed.

No initial hearing date has yet been set.


Source: http://www.rrstar.com/apps/...

JAN 26 2006
http://www.windaction.org/posts/1072-federal-suit-filed-to-stop-ogle-wind-farm-project
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