Library filed under Legal from Massachusetts
In this important ruling issued by Massachusetts Superior Court Judge Cornelius J. Moriarty II, the court ordered that the decision of the Falmouth MA Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance and that the Town of Falmouth cease and desist operation of the wind turbines immediately. The full order can be accessed by clicking the document icon located on this page.
A Barnstable Superior Court judge on Tuesday ordered the town of Falmouth to shut down two town-owned wind turbines. ...In an emergency meeting Tuesday night, selectmen instructed the town manager to comply with Moriarty’s order.
Despite the decision, the turbine known as Wind 1 — one of two turbines at the Falmouth Wastewater Treatment Facility — must remain shut down as the town battles its own Zoning Board of Appeals in Land Court and faces off with neighbors in a morass of additional legal challenges.
In a complaint filed in October, the Reillys wrote, "It has been over four years now that we have respectfully requested that the BOH order an abatement to eliminate the strobing impacts to our property which, as described back in 2012, 2013, 2014, 2015 and now here in 2016, adversely impacts our family's health and well-being."
The town has spent hundreds of thousands of dollars in legal fees for outside attorneys to handle much of the related legal work; it has also lost revenue that was to come from the sale of electricity from the turbines.
Town meeting approved more money Tuesday for legal fees tied to the embattled municipal wind turbines. ...$260,000 is for costs tied to wind turbine lawsuits. The selectmen recently approved mediation to try to settle the bulk of the cases, but a suit brought by Barry and Diane Funfar is due to go to trial Thursday in Barnstable Superior Court. Two more cases are likely to go to trial in the spring, said Town Counsel Frank Duffy.
In what might be the most definitive sign that Cape Wind officials have given up on the long-running and seemingly unattainable dream of building a wind farm in Nantucket Sound, the company has moved to dismiss its appeal seeking to extend state permits to connect the project to the electric grid.
Selectmen Chairman Douglas H. Jones said at a recent selectmen’s meeting that the litigation process has gone on long enough regarding the operation of the structures. The board met in executive session and voted in favor of talking with plaintiffs as a means to resolve several lawsuits.
The town will begin talks with neighbors of two municipal wind turbines in an attempt to find a solution to the nine lawsuits pending in various courts over the operation of the machines.
Cape Wind’s long-running quest to establish a wind farm on the Nantucket Sound hit another hitch Tuesday as a three-judge federal Appeals Court panel reversed lower court decisions that had found regulators complied with environmental and endangered species laws in permitting the project.
Today Wind 1 sits idle in the Cape Cod breeze. Wind 2 continues to operate under court imposed restrictions, but it faces the same legal challenges that put Wind 1 out of business. The town’s cost to decommission or relocate the turbines would be exorbitant. In hindsight, Falmouth should never have placed giant wind turbines so close to homes.
Eric Glitzenstein, an attorney representing conservationists challenging the Cape Wind project, responded to the D.C. Circuit today with a letter noting “crucial differences” between the two cases. Notably, he said, the California project isn’t on a major migratory route for birds, whereas “government counsel admitted at oral argument that many thousands of federally protected birds will inevitably be killed” by Cape Wind turbines.
The state's Land Court will be the venue for a lawsuit brought by the town against members of its own Zoning Board of Appeals that challenges the denial of a special permit for Wind 1, one of two municipal wind turbines.
The Falmouth "Land Court deal" is so corrupt the news media won't even print a story .The news media and the government are entwined in a vicious circle of mutual manipulation over the poor placement of wind turbines taking health and property rights. Folks, this story happened April 28 and not one peep from the news media.
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors of law, is made upon unlawful procedures, is unsupported by substantial evidence and lacks requisite subsidiary findings and is arbitrary and capricious.
In this detailed ruling issued by the Falmouth Zoning Board of Adjustment in reference to Wind 1, one of two Vestas 1,65 MW turbines sited at the town's water treatment center, the board listed 38 separate finding on whether a permit should be issued that would allow the turbine to continue operating. The turbine was shut down following a court ruling that found the turbine was erected the town without first securing a permit. Some of the 38 findings are provided below. The full document can be accessed by clicking the links on this page.
“These regulations do not empower the board to regulate the construction of wind turbines in the town of Plymouth,” Nickerson wrote in his two-page ruling. ...“Nevertheless, a Board of Health has broad powers to regulate and prevent nuisances that affect the public health. It remains to be seen as to whether the operation of the wind turbines will constitute a nuisance."
Attorney Kevin J. Joyce of Boston, representing the residents, filed a motion requesting a temporary restraining order against Future Generation Wind putting the turbines into operation. In his motion, Mr. Joyce stated that the turbines are “undisputedly in violation” of the board of health’s regulations. The motion further stated that preventing operation of the turbines would be in the best interest of public health, safety, and welfare.
A group of Bourne residents has brought a lawsuit against town officials and Future Generation Wind LLC relative to the construction of four giant wind turbines at the Bourne-Plymouth town line. The case was heard in Barnstable Superior Court on Friday, March 4. The judge in the case rejected the neighbors' request for a temporary injunction, which would have halted work on the project.
The town of Bourne, through its Board of Health, filed a lawsuit last Friday in Barnstable Superior Court seeking a declaratory judgment against the builder of four wind turbines over the town line in Plymouth.