Library filed under Legal from Massachusetts

Falmouth wind turbine trial ends

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.
23 Nov 2016

Several lawsuits await trial or mediation.

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.
16 Nov 2016

Cape Wind reverses, drops appeal

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.
7 Oct 2016

A FIASCO IN FALMOUTH: Turbine projects marred by litigation

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.
26 Jun 2016

Appeals court ruling bolsters Cape Wind defense — DOJ

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.
9 Jun 2016

Falmouth wind turbines corruption blows out of control

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.
1 May 2016

Cape Wind appeals state board's decision to SJC

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.
28 Apr 2016

Falmouth Zoning Board of Appeals Ruling

308985283-falmouth-zoning-board-of-appeals-ruling_thumb 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.  
15 Apr 2016

Court rejects attempts to shutter Plymouth turbines

“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."
14 Apr 2016

Ruling on turbine complaints expected within two weeks

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.
11 Mar 2016

Residents sue town over wind turbines

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.
4 Mar 2016

Town of Bourne v Future Generation Wind LLC

Bournecomplaint_thumb This enforcement action was brought by the Town of Bourne in Massachusetts acting through its Board of Health. The purpose of the action is to require compliance with the Town's duly adopted Wind Energy Conversions System Regulations for a wind turbine system on land in the Towns of Bourne and Plymouth. The Town of Bourne seeks a Declaratory Judgment ruling that the wind turbine project is subject to the provisions of the Town's Board of Health Regulations and orders requiring the Defendant, Future Generation Wind, LLC to comply with the requirements of the Regulations. A portion of the complaint as filed is provided below. The full complaint can be accessed by clicking the link(s) on this page.  
9 Feb 2016

Bourne Files Lawsuit Against Plymouth Wind Project

“It was permitted entirely within Plymouth,” Mealy said. “As such, Bourne has had limited opportunity to make any recommendations and changes to the plan now that it is in motion.” Bourne residents have voiced concern about the location of the turbines and the anticipated impacts of noise and flicker at recent Board of Selectmen and Board of Health meetings.
2 Feb 2016

Filing flub kills town's turbine appeal

The town's appeal of a cease-and-desist order shutting down one of its wind turbines will not go forward after attorneys missed a key deadline to file the suit in the town clerk's office. ...Without that action, attorneys said, the case was stopped in its tracks.
22 Oct 2015

http://www.windaction.org/posts?location=Massachusetts&p=2&topic=Legal
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