logo
Article

Judge to rule in wind turbine case

Bismarck Tribune|Christopher Bjorke |August 24, 2010
North DakotaZoning/Planning

At issue is whether the ordinances on the books when the Walths put up their tower prohibited the structure or whether an ordinance addressing wind towers, which passed after the couple installed the turbine, could be applied retroactively.


A judge will decide whether the city of Wishek can force a local couple to remove a small wind turbine that city officials say was erected illegally.

South Central District Judge Bruce Haskell said during a hearing Monday that he may rule by the end of the week, in the case between the city of Wishek and Larry and Jeanne Walth, who have a 2.6-kilowatt wind tower in their yard. The city ordered them to remove the tower in December, saying it violated building permitting ordinances.

At issue is whether the ordinances on the books when the Walths put up their tower prohibited the structure or whether an ordinance addressing wind towers, which passed after the couple installed the turbine, could be applied retroactively.

Haskell said …

... more [truncated due to possible copyright]

A judge will decide whether the city of Wishek can force a local couple to remove a small wind turbine that city officials say was erected illegally.

South Central District Judge Bruce Haskell said during a hearing Monday that he may rule by the end of the week, in the case between the city of Wishek and Larry and Jeanne Walth, who have a 2.6-kilowatt wind tower in their yard. The city ordered them to remove the tower in December, saying it violated building permitting ordinances.

At issue is whether the ordinances on the books when the Walths put up their tower prohibited the structure or whether an ordinance addressing wind towers, which passed after the couple installed the turbine, could be applied retroactively.

Haskell said the city's zoning laws at the time the tower was built were the more relevant issue, rather than the ordinance passed afterward.

The Walths built their tower in June 2009, after the city denied him permission to do so.

Their attorney, Jason Hastings, argued that because the Walths initially asked the city for permission and were denied it does not mean the city had the power to say no. He said the couple's request was more a matter of courtesy.

"Simply approaching the city and saying, ‘We don't know. Will you help us?' shouldn't be held against them," he said.

After the hearing, Larry Walth said he hoped to have the matter resolved soon.

"It's gone way too far already," he said. "How can the city write an ordinance and say no to clean, renewable energy?"


Source:http://www.bismarcktribune.co…

Share this post
Follow Us
RSS:XMLAtomJSON
Donate
Donate
Stay Updated

We respect your privacy and never share your contact information. | LEGAL NOTICES

Contact Us

WindAction.org
Lisa Linowes, Executive Director
phone: 603.838.6588

Email contact

General Copyright Statement: Most of the sourced material posted to WindAction.org is posted according to the Fair Use doctrine of copyright law for non-commercial news reporting, education and discussion purposes. Some articles we only show excerpts, and provide links to the original published material. Any article will be removed by request from copyright owner, please send takedown requests to: info@windaction.org

© 2024 INDUSTRIAL WIND ACTION GROUP CORP. ALL RIGHTS RESERVED
WEBSITE GENEROUSLY DONATED BY PARKERHILL TECHNOLOGY CORPORATION