Articles filed under Legal from Massachusetts

Cease-and-desist order issued against Falmouth turbine; Town has 20 days to appeal; enforcement not immediate

Falmouth_zba_findings_thumb The order and accompanying decision, filed this morning with Town Clerk Michael Palmer, makes official a 4-1 vote taken Thursday to overrule Zoning Enforcement Officer Eladio Gore's decision not to shut down the turbine in the wake of a Massachusetts Court of Appeals ruling that the device was constructed without proper zoning approval. The town is seeking a special permit from the ZBA for the turbine, and neighbors of the turbine wanted it shut off in the interim. The findings of the Falmouth Zoning Board of Appeals and the official Cease and Desist order to curtail WIND 1 can be downloaded from this page.
23 Sep 2015

Lawsuits entangle solar development

A Boston electrical contracting firm that claims it is owed nearly $3 million in fees for work on 18 solar projects on Cape Cod and Martha's Vineyard has filed lawsuits in Barnstable Superior Court against the developers and financial backer of the installations.
3 Aug 2015

Falmouth selectmen to seek permit for controversial turbine

The town is locked in several legal battles over the turbines, including a pair of lawsuits it has brought against its own Zoning Board of Appeals. The board has twice ruled that the turbines are a nuisance and directed the town to take whatever steps are necessary to remedy the situation. The town has spent hundreds of thousands of dollars on special counsel for turbine-related matters.
12 Jun 2015

Suit over pricey wind energy revived in Mass.

Crucial to the trial court's finding was the mistaken concern that the suit would frustrate state efforts to implement policies enunciated in the Green Communities Act and Global Warming Solutions Act, according to the ruling. Writing for a three-person panel, Judge Williams Kayatta said precedent indicates that "a plaintiff may frustrate the efforts of a state policy when those efforts violate or imminently threaten to violate the plaintiff's constitutional rights." (Emphasis in original.)
21 May 2015

Falmouth claims turbine installation was within its rights

"Many municipal activities generate noise, traffic and other objectionable features which make them less attractive (to) neighbors," Duffy wrote in the brief, filed Wednesday. "For this reason it is logical and reasonable for a municipality to craft its zoning bylaw and permit municipal infrastructure in designated districts by right." 
23 Mar 2015

Hancock, Brodie Mountain wind power firm at odds over payments

According to board Chairman Sherman Derby, the three-year Payment In Lieu Of Taxes agreement expired Jan. 1, 2014. Negotiations for a new PILOT agreement have stalled, he said, because the two sides can't agree on a figure. "Green energy is great, but when they have to pay green money, it's a problem," Derby said. "They're making more money than they thought they would, but we're not getting anything."
4 Mar 2015

Falmouth loses court appeal in turbine case

The court overturned Barnstable Superior Court Judge Robert Rufo’s June 2013 decision and ruled in favor of a cluster of neighbors who sued the town over its 2009 installation of Wind 1, one of the twin, 1.65-megawatt wind turbines erected at the town’s wastewater treatment facility.
27 Feb 2015

Cape Wind: An unsightly monument to political pull

Playing out in Massachusetts is a saga in which a private developer is using his political connections to trump the interests of state electric ratepayers - and in the process creating a precedent for much broader misuse of governmental power. The saga involves a court case in which state officials invoked an arcane provision of the U.S. Constitution to deny aggrieved ratepayers access to federal court.
14 Oct 2014

State court upholds wind turbine on Cohasset-Hingham line

The state Appeals Court on Wednesday upheld a Land Court decision in favor of a proposed wind turbine on Turkey Hill. ...The judge also dismissed the argument about the shadow flicker, saying the nursing home is surrounded by trees that will block most of the shadows. The planning board required that the turbine be shut down if the flicker exceeds 30 minutes a day or 30 hours a year.
25 Jun 2014

Judge rules in favor of Cape Wind plans

"If instead of a judicial robe, I were to wear the hat of John Muir or Milton Friedman, I might well conclude that the Cape Wind project should have been built elsewhere (or not built at all), or that the NStar-Cape Wind contract should never have been approved," Stearns wrote. ...The banks expect to provide more than $400 million in debt themselves in addition to $900 million in potential financing from other sources.
3 May 2014

Cape Wind foes face uphill battle in suit

Stearns said he doubted the plaintiffs — which include several Cape Cod businesses, individuals, the Alliance to Protect Nantucket Sound and the town of Barnstable — could get past the constitutional amendment which generally gives states immunity from being sued.
30 Apr 2014

http://www.windaction.org/posts?location=Massachusetts&p=3&topic=Legal&type=Article
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