Library filed under Legal from Rhode Island
Mark DePasquale, founder of Green Development LLC, often turns to legal action when things don’t fall his way.
A Rhode Island renewable energy developer says it plans to sue the towns of Coventry and Exeter for a total of about $285 million, saying the corporation has been illegally deprived of its rights to develop solar projects in those towns.
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.
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.
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.”
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.