Library filed under Legal

UK court action over wind farm noise ends in secret deal

A husband and wife seeking up to £2.5m ($4m) damages over turbine noise from a UK wind farm have ended their legal action after reaching a confidential settlement. Jane and Julian Davis had claimed an “unbearable hum” from the eight-turbine facility drove them out of their farmhouse in Lincolnshire, England, after turning their lives into a “nightmare”.
25 Nov 2012

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

The myth of Denmark as a corruption-free country

Corruption is defined as moral decay, and that is precisely what we are witnessing here. The fear that Denmark could lose jobs and the near religious obsession with wind power has made politicians deaf and blind to objections to wind as a source of energy, and led them to take part in the industry's fraud. The environmental and human impacts of what they are doing appear to have no effect on them.
16 Nov 2012

Ontario court dismisses offshore wind damages claim

On October 5, 2012, the Ontario Superior Court of Justice delivered its decision with respect to Trillium Power Wind Corporation v. Ontario (Natural Resources) by striking out the action brought by TPWC against the Ontario government seeking $2.5 billion in damages in relation to the province's February 2011 moratorium on offshore wind farms.
7 Nov 2012

Citizens v. Iberdrola Hardscrabble Wind Farm

S_c_filed_thumb This complaint filed in the New York Supreme Court details the specific impacts claimed by each plaintiff in regard to Iberdrola's Hardscrabble wind enegry facility, a 74 megawatt power project that went on line in early 2011. The project is located in Herkimer County, NY. The complaint includes a loss of enjoyment of outside activities on their land, and inability to open windows due to noise; some include loss of income due to noise (including as a voice teacher), and some note behavior changes in domestic and wild animals (one notes that bear, deer, turkeys, and grouse no longer frequent his land).  No specific damage amount is requested.
22 Oct 2012

Supreme Court of Ohio order on Application of Buckeye Wind, L.L.C.

2012-ohio-878_thumb The Supreme Court of Ohio upheld an order issued by the state’s Power Siting Board approving the application of Buckeye Wind LLC to construct and operate a large-scale “wind farm” in Champaign County. The court’s 4-3 opinion authored by Justice Judith Ann Lanzinger includes dissenting opinions by two justices. The dissenting opinions provide important insight into the problems with the State's approval of the project. Those opinions are provided below. The full order can be accessed by clicking on the links at the bottom of this page.
5 Mar 2012

White v Town of Orangeville, Stony Creek Wind et.al.

White_v_town_of_orangeville_thumb State Supreme Court Justice Patrick NeMoyer ruled in favor of property owner Robert White, who said the planned wind turbine was too close to his hunting cabin off Bantam Road. The decision nullifies the special use permit and site plan approvals for tower T-28. Judge NeMoyer ruled the planned turbine was improperly sited within 1,320 feet of White’s cabin. He also dismissed Stony Creek LLC’s counterclaim that the cabin is not a dwelling. The decision issued by the judge can be accessed by clicking the links on this page.
4 Jan 2012

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

http://www.windaction.org/posts?p=41&topic=Legal
back to top