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Court order granting injunction; Falmouth turbine operations limited due to noise

Two weeks ago, in the injunction hearing in the Town of Falmouth vs. the Falmouth Zoning Board of Appeals case where the ZBA decided that the wind turbines were a nuisance to Neil Andersen, both parties presented a 7AM to 7PM agreement to the judge.  Falmouth Selectmen subsequently disregarded that agreement and continued to run the wind turbines 5AM to 9PM.  One selectboard member advocated running the turbines 24/7 in spite of the Court's request. Hearing this, Superior Court Justice Christopher Muse granted the injunction sought by nearby residents. The order is available by clicking the link on this page.

TOWN OF FALMOUTH
vs.
TOWN OF FALMOUTH ZONING BOARD OF APPEALS & others

MEMORANDUM OF DECISION AND ORDER
ON DEFENDANTS’ MOTION FOR PRELIMINARY INJUNCTION

 

ORDER

By order of the court, preliminary injunction shall issue until further order of the court.

1. The Town of Falmouth, its Selectmen, agents and persons acting in concert shall be restrained from operating the Wind Turbines located at the Waste Water Treatment Facility except during the hours of 7am to 7pm, every day of the week except Sunday. This schedule shall commence on November 22, 2013. Additionally, the same parties shall be restrained from operating said turbines in any fashion on the following limited dates: November 27, 2013; December 25, 2013; and January 1, 2014.

2. The mitigation plan proposed in Building Commissioner Gore’s affidavit shall be implemented forthwith.

3. The Defendant Abutters shall be allowed to submit to the Building Commissioner written proposals for sound and pressure mitigation.

4. The parties shall submit a written status update on mitigation efforts seventy-five days from this Order.

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Falmouth - Injunction Decision and Order

Download file (80.9 KB) pdf

NOV 21 2013
http://www.windaction.org/posts/39134-court-order-granting-injunction-falmouth-turbine-operations-limited-due-to-noise
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