Judge Brian Van Couyghen reversed the board’s approval of a special-use permit for the 2.9-megawatt solar photovoltaic farm on 8 acres finding that it represented a manufacturing use that is not allowed in residential zones. Van Couyghen cited a previous case in which the state Supreme Court found that wind turbines represented a manufacturer because they are used for the sole purpose of transforming raw materials, “namely wind — into a finished product — namely electricity.”
Library filed under Legal from Rhode Island
The North Kingstown company that wants to build a towering wind turbine on Old Smithfield Road has filed suit in Superior Court against the Town Council, saying officials unlawfully imposed a moratorium on such structures after its application was already in play.
On April 5, National Grid notified the tribe that construction crews had inadvertently dug up cultural artifacts while making excavations for the cable. Michael De Luca, an attorney for the tribe, claimed that the disturbances happened before that day and that the artifacts involved included vessels and tools.
Despite some unexpected events, such as repairs to a foundation and a complaint that was filed in a Providence U.S. District Court, the Block Island Wind Farm project is moving ahead, according to Deepwater Wind's Chief Executive Officer.
Opponents to the offshore wind farm under construction near Block Island have filed a case in federal court seeking to overturn a critical agreement under which developer Deepwater Wind will sell power to utility National Grid.
Benjamin Riggs, the Rhode Island Manufacturers Association and others filed this complaint in Federal Court pertaining to the approval of an above-market power contract between Deepwater Wind and National grid. The plaintiffs initially pursued this matter before the Federal Energy Regulatory Commission (“FERC”). However FERC chose not to act on it itself but rather to refer the matter to the courts. Consequently they ruled that “Our decision not to initiate an enforcement action means that Mr. Riggs may himself bring an enforcement action against the Rhode Island Commission in the appropriate court”. By law, that is federal court. The current action is limited to asking the federal government to assert its clear authority over the pricing mechanism for the Deepwater project. The complaint, a portion of which appears below, speaks for itself. The full complaint can be accessed by clicking the links on this page. In addition, the plaintiffs filed the attached Memorandum that explains the Motion for Summary Judgment.
Shields filed a complaint in Superior Court last July that alleged that a subcommittee of the state Coastal Resources Management Council showed bias toward Deepwater during hearings on the Providence-based company’s proposal last February.
According to Shield’s complaint, the subcommittee violated its own regulations whenChair Anne Livingston and council member Donald Gomez repeatedly interrupted Shields’ testimony in opposition to the project, claiming that his discussion of the financial impacts were not relevant or within their jurisdiction.
Not long after the five council members were sworn in by state, the members retreated into a 15-minute executive session. ...After returning, they voted unanimously to authorize Town Solicitor Peter Ruggerio to file an appeal of the Zoning Board of Review's decision last week allowing the [turbine] plan to go forward.