Library filed under Legal

Appeal of: Broad Mountain Development Company, LLC

Broad_mountian_development_company_thumb This 18-page opinion and order issued by a three-judge Commonwealth Court panel upheld county Judge Charles M. Miller's ruling that the zoning permit issued to  Broad Mountain Development Co. LLC was correctly revoked by Butler Township. Broad Mountain sought permission to construct 20-28 wind turbines in the township. The panel found the developer did not have the right to the permit because wind turbines were not allowed in a Woodland-Conservation zoning district in the township. In addition, the panel ruled that the citizens who opposed the building of the windmills filed a timely appeal of Broad Mountain's original permit, and the company did not acquire a vested right to the permit, according to the opinion written by Judge P. Kevin Brobson.
7 Mar 2011

Pair lose court bid to halt Old Hutton windfarm

The Appeal Court threw out a legal challenge mounted by Rebecca and Brian Barnes against the six-turbine Armistead farm at Old Hutton. The pair claimed it would blight the landscape, cause a noise nuisance and put their three children at risk.
18 Jan 2011

Tribunal orders turbines removed from French countryside

Tgi_montpellier_fev_2010_thumb This important case before le tribunal de Montpellier has resulted in a decision ordering La Compagnie du Vent to dismantle 4 of the 21-turbines sited near Névian, France. The judge also awarded damages of €500,000 to the family which brought the case to compensate for the nuisance caused and the estimated loss in value of their property, which is situated 650 meters from the nearest turbine. A rough translation of the ruling is provided below. The full ruling, in French, can be accessed by clicking the link(s) on this page.
4 Feb 2010

Controversial Devon wind farm approved

Opponents of a controversial Devon wind farm are devastated after the Government ruled that it should go ahead. The Fullabrook Wind Farm will see 22 110-metre high turbines built on a hillside close to an area of outstanding natural beauty.
9 Oct 2009

Robert H. Boyle Et Al. V. John Mcglynn Et Al.

2006-ny-boyle-v-mcglynn_thumb Background: One month after the plaintiffs purchased defendants' 133-acre Otsego County property, they learned that plans were in the works for the construction of large wind turbines on the adjacent parcel. They thereafter commenced this action seeking rescission of the contract and money damages stemming from alleged fraud and misrepresentation on the part of defendants in conjunction with the sale. At issue was an order of the Supreme Court denying summary judgment to the defendants. Summary judgment is when the court rules against a party without a trial) to defendants. The court upheld the denial of summary judgment. The ruling can be accessed by clicking the links on this page. 
20 Apr 2006

Rose v. Chaikin

1982-nj-rose-v-chaikin-hall_thumb This case, before the New Jersey Superior Court, represents one of the first instances of a nuisance case brought against an operating wind turbine due to noise. The court found that the defendants' wind turbine constituted an "actionable nuisance". 
10 Nov 1982
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