Articles filed under Legal from USA
"The [Heron Bay Homeowners Association] board has to make formal vote on it, but I think we were committed before and we're committed now that we will be filing in Superior Court," said Alan Berger, the attorney for the homeowners association. "We absolutely do not feel the board of zoning and the city council followed all of the voluminous case law in California ...."
The City Council voted 5-1 Monday night after a nearly three-hour discussion to deny an appeal of the approval granted in February by the city's Board of Zoning Adjustments for the turbine, which required a variance because it exceeds the city's 60-foot height limit.
On Wednesday the Ohio Supreme Court granted in part, but also denied in part, a motion to dismiss an appeal filed by opponents of the project ...Among other technical legal points, the appeal claims inadequate financial protection if the turbines are decommissioned, and cites no record of how much it would cost to remove the decommissioned turbines.
"This bill makes it easier for families that have been hurt by industrial wind turbines to receive compensation for their losses," Senator Lasee said. "It is unconscionable for a family that has invested hundreds of thousands of dollars in their home that they have lived in for years to be forced to move because an industrial wind tower is built nearby. Or wish that they could move and just can't afford it."
Last year, Clifton set aside $25,000 for legal fees and overspent the account by more than $7,000, mostly for the town's involvement in a legal battle over the permitted, but on hold Pisgah Mountain wind farm. This year, town leaders are asking residents to put $15,000 in the legal services account.
The prolonged legal struggle between the town of Allegany and EverPower Wind LLC continued Thursday when an appeal was filed by the company objecting to the dismissal of its lawsuit against the town's planning board.
"We are encouraged to see that the Court will not be a rubber stamp for DEP decisions on wind power. This is a decision that FMM finds helpful because the Court addresses the health and environmental impacts of wind power projects."
Public Land Activists Sue Interior Department on Plan to Keep Millions of Acres Open for Industrial Solar Development. “The Administration is opting to needlessly turn multiple-use public lands into permanent industrial zones. Solar development belongs on rooftops, parking lots, already-developed areas, and on degraded sites, not our public lands. “
The Wyoming Supreme Court on Friday upheld a lower court’s decision supporting Converse County Commission and state Industrial Siting Board permits for the 100-megawatt Pioneer Wind Park project along Mormon Canyon Road.
The courts have ruled in favor of the Town of Litchfield's ban on industrial wind turbines. There was a lawsuit filed against the town board by leaseholders and their relatives.
Six protesters arrested last December for blocking a road used to construct the Kingdom Community Wind project have fines converted to 25 hours of community service
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.
In his appeal, Mr. Melone referred to Cape Wind’s “well-documented and specific and substantial alteration of the direct viewscape from Melone’s property” and said the project would negatively impact the view on Nantucket Sound from his home and reduce the property’s value.