Articles filed under Legal from Michigan

Michigan landowners’ long-shot lawsuit has high stakes for wind industry

“If someone got a judgment that windmills contributed to some adverse health effects people suffered, I would think that would be a pretty significant ruling,” said Ross Hammersley, a Traverse City attorney with Olson, Bzdok & Howard who specializes in environmental and real estate law. Hammersley, who is not involved in the case, reviewed some of the court filings for Midwest Energy News.
12 Jan 2018

Federal judge rules against wind developer

A federal judge recently dealt a blow to big wind development in a Tuscola County township. A subsidiary of NextEra Energy Resources sued Almer Township in U.S. District Court in February alleging that the township's Board of Trustees had systematically tried to prevent the development of a wind farm.
7 Nov 2017

Mediator trying to find solution to wind-energy dispute

Editor's note: Windaction has been informed by parties in Michigan that this mediation step was ordered and completed more than a month before this article was filed by the Associated Press. No agreement was reached in mediation. Almer Township contends that a permit was denied due to NextEra's failure to meet the requirements in law. A hearing before the court was held in September and the parties are awaiting a final decision by the judge. 
17 Oct 2017

Another township goes to court over wind energy in Tuscola County

The suit seeks to restrain Talaski and Zbytowski actions as planning commission members until the court takes action. Visiting Circuit Judge Kenneth Schmidt decided Talaski and Zbytowski could remain on the board with stipulation of a moratorium that no decision on wind energy development be made until Tuscola County Circuit Judge Amy Grace Gierhart can preside.
30 Mar 2017

Second lawsuit filed with connections to Tuscola III wind project

The suit essentially claims a systematic effort has been underway to “kill” the planned Tuscola III project, starting with the formation of the Ellington-Almer Township Concerned Citizens (EATCC) group, continuing with the election of several group members last November, and culminating with a one-year moratorium on wind projects and denial of special-land use permit (SLUP) by the board in January. An answer hasn’t been filed to the complaint as of press time.
22 Mar 2017

NextEra sues township over wind farm

Almer Township and its Board of Trustees face a federal lawsuit by a subsidiary of NextEra Energy Resources LLC over a proposed wind energy development. Tuscola Wind III LLC is seeking a court order to compel the township, located north of Caro, to allow development of a wind farm to proceed.
24 Feb 2017

Federal lawsuit filed against Almer Township over wind project

The suit essentially claims a systematic effort has been underway to “kill” the planned Tuscola III project, starting with the formation of the Ellington-Almer Township Concerned Citizens (EATCC) group, continuing with the election of several group members last November, and culminating with a one-year moratorium on wind projects and denial of special-land use permit (SLUP) by the board in January.
18 Feb 2017

New wind generators a no-go in the U.P.

Attempts by Heritage Sustainable Energy to build a second wind farm in Michigan’s Upper Peninsula have stalled because the company skipped essential paperwork. That’s why the state Court of Appeals refused to clear the way for the Traverse City-based company to build a controversial 42-turbine wind farm in Schoolcraft County’s Inwood Township. Heritage intended to start with 18 turbines and work up to 42.
15 Dec 2016

Consumers Energy taking Tuscola Co. to court over wind turbine taxes

With Consumers’ new petitions, the assessed tax value of “most, if not all” wind turbines in Tuscola County are being contested by the wind energy companies, said Mike Hoagland, controller, Tuscola County. “We’re frustrated,” said Hoagland. “If we lose the dispute, we have to have the money set aside to pay it back.
18 Jun 2016

Judge rules against wind company

A Sanilac County judge will not force a township planning commission to hold a public hearing this summer on a wind company’s special land use application. Exelon had filed the complaint 10 days after the planning commission voted to table a public hearing on Exelon’s application for a special land use permit for its planned development, Michigan Wind 3.
25 May 2016

Court rules against townships in wind farm dispute

Township officials have not stood by waiting for the decision. Essex Township enacted new regulations on wind farms, but did not include restrictions on height, distance and setbacks. Dallas Township enacted an interim zoning ordinance in February that restricts the height of wind energy systems to 380 feet. Bengal Township is also considering a zoning ordinance.
19 Jun 2015

Upper Peninsula wind farm sued over impact on neighbors

Eleven people and a group representing others who own property are suing Heritage Sustainable Energy and the U.S. government, seeking to block any expansion and require more study on the impact of 14 turbines near the village of Garden in Delta County’s Garden Peninsula, which juts into northern Lake Michigan.
21 Jan 2015

Heritage Energy suing county

“Schoolcraft County has by exercise of its regulatory power has, by adoption of the Schoolcraft County Zoning Ordinance as amended, completely deprived plaintiffs of all economically beneficial use of plaintiffs’ leases, easements, MET (test) tower, road and GIA (generator interconnection agreement) in Schoolcraft County,” the filing states.
1 Jan 2015

Heritage sues Garden Township

In January, the Garden Peninsula Foundation entered a lawsuit against Heritage, claiming the company commenced operation of 14 wind turbines on the Garden Peninsula in 2012 without first obtaining an environmental impact assessment from a federal or state agency. The complaint also alleged the plaintiffs experienced “negative impacts to their health and well-being, use and enjoyment of their property and diminution in value of their property due to turbines”.
1 Jan 2015

http://www.windaction.org/posts?location=Michigan&topic=Legal&type=Article
back to top