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Landowners testify in wind farm lease case

The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.

Four landowners affected by wind farm development testified during a preliminary injunction hearing in Seneca County Common Pleas Court Friday.

Judge Robert Pollex, who previously served in Wood County Common Pleas Court, previously ruled he did not have enough information to grant Seneca Wind a temporary restraining order. Pollex had been appointed to the case by Ohio Supreme Court after Seneca County Common Pleas Court Judge Michael Kelbley stepped aside from the case.

Seneca Wind is proposing to develop a wind farm of up to 212 megawatts in Seneca County’s Scipio, Reed, Venice, Eden and Bloom townships. The project would be built on about 25,000 acres of privately leased land and would use 77 turbines and related infrastructure, court records state.

The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.

The complaint was... more [truncated due to possible copyright]  

Four landowners affected by wind farm development testified during a preliminary injunction hearing in Seneca County Common Pleas Court Friday.

Judge Robert Pollex, who previously served in Wood County Common Pleas Court, previously ruled he did not have enough information to grant Seneca Wind a temporary restraining order. Pollex had been appointed to the case by Ohio Supreme Court after Seneca County Common Pleas Court Judge Michael Kelbley stepped aside from the case.

Seneca Wind is proposing to develop a wind farm of up to 212 megawatts in Seneca County’s Scipio, Reed, Venice, Eden and Bloom townships. The project would be built on about 25,000 acres of privately leased land and would use 77 turbines and related infrastructure, court records state.

The complaint filed in Seneca County Common Pleas Court states that each defendant refused to allow Seneca Wind access to their properties and that Seneca Wind needs to access the properties to analyze, plan and construct the project and to provide key information to Ohio Power Siting Board as it considers the application.

The complaint was filed against Christopher Carry, Elizabeth Carry, Melissa Carry, Alice Jane Chappell, Marvin Hahler, Raymond Hahler, David Holmer, Doris Holmer, Danette Martin, Brandon Martin, Debra Martin, John Martin, Betty Oakleaf, Brad Oakleaf, Gary Oakleaf, Theresa Oakleaf, Eugene Price, Judith Price, Cory Swartzmiller, David Swartzmiller, Barbara Vogel, Donald Vogel, Dale Wagner, Shirley Wagner, Joseph Willman, Marilyn Willman, Mary Joan Willman, Thomas Willman, Bonnie Ziegler and Mark Ziegler.

According to court records, Joseph Willman, Marilyn Willman, Mary Joan Willman and Thomas Willman were dismissed from the case.

Attorney Kara Herrnstein of Bricker & Eckler Attorneys at Law said each defendant has a lease granting Seneca Wind the right to access and use property for a wind farm project in return for payments. The project is in the construction phase, the leases have not expired and Seneca Wind has the right to act under the leases, she said.

Brad Oakleaf, who is building a home, testified about his father purchasing parcels at an auction Jan. 21, 2017. He said he objects to sPower going onto his property to conduct any sort of surveying or testing after the expiration of the lease, explaining it’s property he owns, pays taxes on and takes care of and upon which he plants crops.

“Your lease is expired. You have no right to be on my property,” he said.

Christopher Carry testified that he and his wife came to own property around Aug. 10, 2018. The original lease, he said, expired Aug. 19, and he objects to Seneca Wind being on his property since the expiration of the lease.

“At this point, the lease has expired,” he said.

Danette Martin said her family’s lease expired Nov. 11.

“I’m asserting that the lease expired by its own terms,” she said.

David Swartzmiller, who owns land with his son, Cory, said he believes the lease for the property has expired. He said officials hadn’t had a lease for two years, and he objected to them being on the property after the lease expiration.

Attorneys are to file documents in lieu of of closing arguments by 4:30 p.m. Wednesday. Pollex then would rule on the preliminary injunction request.


Source: http://www.advertiser-tribu...

FEB 23 2019
http://www.windaction.org/posts/49499-landowners-testify-in-wind-farm-lease-case
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