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County wins in court

The Recorder|July 1, 2006
VirginiaGeneral

Three days of testimony and legal argument did not persuade Judge Paul Sheridan the county board had illegally issued the conditional use permit.


MONTEREY — As expected, Highland County prevailed Thursday in court.

The lawsuit brought by residents and landowners was triggered by supervisors’ 2-1 decision to grant a permit to Highland New Wind Development for a 39-megawatt electric utility on Allegheny Mountain.

Three days of testimony and legal argument did not persuade Judge Paul Sheridan the county board had illegally issued the conditional use permit.

Attorney David Bailey, representing the citizens, had called nearby landowners to the stand to explain where they lived in relation to the proposed project site, and the quality of life they enjoyed there in Highland County’s westernmost corner.

In addition, he called up several experts on northern flying squirrels, birds, bats, …

... more [truncated due to possible copyright]

MONTEREY — As expected, Highland County prevailed Thursday in court.

The lawsuit brought by residents and landowners was triggered by supervisors’ 2-1 decision to grant a permit to Highland New Wind Development for a 39-megawatt electric utility on Allegheny Mountain.

Three days of testimony and legal argument did not persuade Judge Paul Sheridan the county board had illegally issued the conditional use permit.

Attorney David Bailey, representing the citizens, had called nearby landowners to the stand to explain where they lived in relation to the proposed project site, and the quality of life they enjoyed there in Highland County’s westernmost corner.

In addition, he called up several experts on northern flying squirrels, birds, bats, and noise.

Each was rebutted by similar experts called by attorney Brian Brake, representing the developer, and Greg Haley, defending the county.

Closing arguments went well into the evening, and the judge stated his decision immediately following, wrapping up the trail around 7:30 p.m. Thursday.

Sheridan said he wished the trial had been more simple to hear, but that he understood the weight of the matter in the community and the passion residents felt about Highland. “Their soul is in the soil,” he said, “and they all have deeply felt emotional ties. The lawyers here have taken those passions and properly reduced them to a superb legal analysis.”

He cautioned his decision did not reflect how he may have voted on the permit as a supervisor, and noted the plaintiffs had brought enough evidence to survive the county’s motion to strike the legal challenges.

“But the burden on the county to produce some reasonable evidence (in defense) has been met. This court cannot and should not decide the experts over one another. Some were better skilled than others … but this court did not find any expert could be rejected as a matter of law … The concept of ‘fairly debatable’ is all over this case, but the sense of wrong doesn’t mean reasonable people couldn’t disagree.

In denying all counts brought by the citizens, the judge said, “The board of supervisors made a choice that cannot be overturned in these proceedings.”

He added, however, that it was his understanding his decision would be appealed and instructed all attorneys to make sure the record was in order for an appellate court.

HNWD owner H.T. “Mac” McBride had no comment about the trial immediately following the judge’s decision.

“I’m tired,” he said. “That’s all I have to say.”


Source:http://therecorderonline.com/…

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