Articles filed under Legal from USA
Three townships did not have the authority to enact and enforce the ordinances they passed last year to restrict a $120 million wind energy project, a Clinton County circuit judge has ruled. ...Okemos attorney Bill Fahey, who represented Dallas Township in writing its ordinance said each township has the right to appeal the ruling.
As part of the wind project, 59 miles of transmission lines would run from the Oakfield area, through various towns, to a grid hook-up in Chester, in Penobscot County. "And they are crossing numerous water bodies," Williams says. "All those crossings require both temporary and permanent fill." Filling in those waterways, Williams argues, would harm water quality and endanger Atlantic salmon and Bald Eagles.
Gerald Lechliter, a retired Army colonel, sought the restraining order in a broader Chancery Court lawsuit. He filed the suit last year challenging construction of the wind turbine on land that had been set aside for open space and the process in which it was approved and funded.
Cherokee County residents have filed a lawsuit to block the proposed wind farm on Lookout Mountain, according to official court documents. This is the second suit filed against the developers, Pioneer Green Energy. Etowah County property owners who live near the proposed sites filed a similar lawsuit Aug. 1.
Opponents of a controversial pair of town-owned wind turbines got a boost in Barnstable Superior Court recently when a judge said they had a "likelihood of success" in their legal battle. But they haven't won yet.
Lawyers for Bengal, Dallas and Essex townships countered, saying the additional restrictions are consistent with the county’s special-use permit and should be allowed to stand to protect the “health, safety and welfare” of township residents. When the arguments concluded, Tahvonen said he wanted more time to read the legal briefs submitted by each side and would rule “in short order,” but not immediately.
A Florida power company that developed a wind farm in DeKalb and Lee counties has removed to federal court a local farmer's lawsuit that claims wind turbines devastated his quality of life, killed his livestock and made his property virtually worthless.
Union Neighbors United, a group of residents opposed to the project, will have to evaluate the case further and decide on the best option, said Chris Walker, an attorney for the group. Robert McConnell, a member of UNU, said he wants to take the fight as far as it can go. “We’re in it for the long haul, and the next step is the Supreme Court, and that’s where we’ll be going,” McConnell said.
The town's select board has officially joined an appeal of the Vermont Public Service Board's recent approval for a Certificate of Public Good to allow four meteorological towers to be raised in Newark, Brighton and Ferdinand. The official appeal agreement was signed by the board after a vote last week.
A Charleston attorney has filed 23 federal lawsuits on behalf of 38 Keyser residents against a local windfarm, alleging the sound of the turbines caused mental and physical health problems and the proximity caused homes to lose their value. Residents are asking for a permanent injunction to prevent the windfarm from continuing operation. The residents also seek reimbursement of any medical expenses related to its operation along with compensatory damages for past and future personal injuries, annoyance, inconvenience and the loss in value of the properties.
The developer of the proposed Prairie Breeze Wind Farm has filed a complaint against the Tipton County Board of Zoning Appeal seeking judicial review of zoning decisions. The lawsuit filed this week by juwi Wind in Tipton Circuit Court also alleges the Board of Zoning Appeals violated Indiana's Open Door law during a July meeting.
The provision of the bill that was deemed unconstitutional deals with an adjoining property owner's consent to a variance for a wind turbine setback requirement, according to the letter. ...By requiring the consent of all adjoining property owners prior to applying for the variance, the bill has given neighboring property owners the power to determine whether or not a variance from setback requirements for wind turbines would be detrimental to the public health and welfare.
The Washington State Supreme Court has upheld the approval of a controversial wind farm in Skamania County, turning back a legal challenge from two advocacy groups that aimed to block it. ...Still, the court found that some issues raised in the challenge were "not ripe" for resolution. Should the project advance, additional review will give Friends and other groups the chance to weigh in.
ST. JOHNS - A Clinton County judge is trying to address confusion among lawyers about his ruling last month over a $120 million wind farm project.
A planned wind farm between Piedmont and Okarche could be up in the air after the Piedmont City Council voted to support legal action against the developers of the project and declared the wind farm a public nuisance. The actions, which came at a city council meeting Monday evening, were aimed at the Kingfisher wind farm, a 300-megawatt development in northern Canadian County and southern Kingfisher County.
A Utah man faces sentencing Tuesday for his role in a scheme that defrauded investors across the country of $4.3 million by promoting non-existent wind farm projects in Wyoming and South Dakota. Robert Arthur Reed, of Salt Lake City, pleaded guilty in May to federal charges of conspiracy to commit mail and wire fraud and conspiracy to launder money.
Opponents of the project, which would feature 91 wind turbines spread across 24,200 acres in Richland and Crawford counties, have claimed there is inadequate financial protection if the turbines are decommissioned and that there is no record of how much it would cost to remove the decommissioned turbines, among other technical legal points.
U.S. Magistrate Judge David H. Bartick sentenced John David Bittner of Julian, president of the Wildlife Research Institute in Ramona, to three years probation and a $7500 fine. Bittner pled guilty to unlawful taking of a Golden Eagle without a permit and failing to file any data reports for a four-year period on birds that he had banded. The government could have imposed up to a $100,000 fine and a one-year prison sentence, but instead hope to induce Bittner to turn over years of missing data as a condition of probation.
In a decision released earlier this month, Bornstein remanded the matter back to the zoning board to determine whether the amended site plan approved by the planning board violates the spirit and intent of the zoning ordinance. ...In January, the planning board approved amending the site plan to install three 500-foot high turbines. The zoning board also approved amending its variance to allow the three turbines at 500 feet.
Williams filed a lawsuit Friday against Invenergy, the Illinois-based company behind the wind farm, for non-economic losses up to $5 million, as well as economic losses -- mostly related to property value depreciation -- for $170,000. Since Invenergy began construction on the 50 wind turbines at Willow Creek in 2008, it has fought in the courts over noise compliance.