Articles filed under Legal from Massachusetts

Motion to intervene on turbine appeal denied

The Massachusetts Appeals Court rejected a motion to intervene in the court order to shut down Falmouth’s two wind turbines as a nuisance, upholding Barnstable Superior Court Judge Cornelius J. Moriarty II’s decision. “We see no reason to disturb the judge’s ruling,” Associate Justices Peter J. Rubin, Gabrielle R. Wolohojian, and Amy L. Blake wrote in their decision, noting the history of the litigation.
9 Nov 2018

Appeals Court upholds Falmouth wind turbine decision

Barnstable Superior Court Judge Cornelius Moriarty had deemed the turbines at the town's wastewater treatment facility a nuisance and ordered that they be permanently shut down in June 2017. The selectmen voted not to appeal the decision. ...The Green Center then appealed Moriarty’s ruling to the Massachusetts Appeals Court but again failed to gain any traction, with a panel of three judges upholding Moriarty’s decision.
7 Nov 2018

Yarmouth shellfishermen to participate in offshore wind cable hearings

The proximity of the men’s grant areas means their oysters, which total about 3,250,000, could be smothered by sand and silt that’s stirred up when Vineyard Wind lays the cable, the letter contends. Although Vineyard Wind officials have met with the shellfishermen multiple times and proposed solutions that include installing silt curtains while work is conducted, there’s no evidence those solutions will work, according to the letter.
2 Oct 2018

Building Commissioner says Wind 2 not abandoned

In his response, Mr. Palmer said this regulation does not apply to Wind 2 because of when it was installed. The letter indicates Wind 2 was issued a permit and became operational in February 2012. “The building permit and the date of initial operation are both beyond the six year enforcement provision of G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit,” Mr. Palmer wrote.
22 Sep 2018

Judge blocks intervention in Falmouth turbine case

Atty_duffy__senie_ltr_w_attachments_10-18-17_thumb Judge Cornelius Moriarty has denied a motion to intervene in the case filed recently by the Green Center, a nonprofit educational institute in Hatchville that supports ecological projects, and a group of Falmouth residents. They were looking for the judge to alter his ruling and come up with a more moderate solution to the problem. The motion filed by the Green Center and denied by Judge Moriarty can be accessed by clicking the document icon on this page.
23 Nov 2017

Falmouth neighbors worried celebration premature in fight against wind turbines

Judge Cornelius Moriarty upheld the local zoning board’s finding that two 1.65-megawatt turbines at the town’s wastewater treatment facility were a nuisance, and he ordered them shut down. ...A few days after Moriarty’s June 20 decision, selectmen announced they had to gather more information before deciding what to do next, since the town could be on the hook for dismantling the turbines as well as loans and grants used to buy and install them if the turbines remain offline. The total potential cost to the town was previously estimated at $14 million.
7 Jul 2017

Falmouth wins turbine nuisance case

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.
27 Apr 2017

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

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