Library filed under Legal from Rhode Island

Judge upholds Coventry’s denial of green development project (solar)

Despite the fact the project was denied, DePasquale began prepping the two properties for the installation of solar arrays anyway. In early June, the Department of Planning & Development issued a cease-and-desist order for DePasquale’s unauthorized solar installation. A week later, on June 10, the town issued a finalized order, requiring that DePasquale remove all pilings and cease all work on the property except for seeding, loaming, and related landscape clean-up activities.
8 Aug 2019

Unauthorized Coventry solar project ordered to stop work

The Department of Planning & Development recently issued a cease-and-desist order to an unauthorized solar installation off Carr’s Trail. The June 4 notice issued to 394 Carr’s Realty LLC and WED Coventry Seven LLC — a subsidiary of North Kingstown-based Green Development LLC, formerly Wind Energy Development LLC, founded by Mark DePasquale — claims a recent site inspection by two members of the Department of Planning & Development found “hundreds of piles had been driven into the ground commencing construction of a proposed solar generating facility that had been denied development plan approval by the Coventry Planning Commission” two years ago.
15 Jun 2019

Judge reverses zoning board’s OK of solar farm in Portsmouth

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.”
31 Jul 2018

Deepwater Wind Complaint

Deepwater_complaint_8-13-15_final_thumb 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. 
14 Aug 2015

Shields files lawsuit against CRMC, Deepwater Wind

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.
5 Aug 2014

Town Council appeals wind turbine decision

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.
20 Nov 2012

http://www.windaction.org/posts?location=Rhode+Island&topic=Legal
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