Articles filed under Legal
Harold Youngblut filed an appeal Thursday challenging District Court Judge Kellyann Lekar’s April 29 ruling in favor of Washburn Wind Energy’s 35-turbine wind farm. The notice filed by Youngblut’s attorney, John Holmes, claims the district court erred when it failed to allow Youngblut and others to testify the turbine locations are currently used for agricultural purposes as defined in the county zoning ordinance.
A petition was iled Thursday in district court by Overland Park lawyers Robert Harken and Robert Titus on behalf of 15 wind farm opponents. The petition seeks a judge’s review, declaratory relief, and a temporary restraining order. It also claims the state open records act was violated.
County commissioners balked Monday at paying a bill from Wichita attorney Pat Hughes that includes consultations regarding a proposed wind farm in the south portion of the county.
A stalemate on a number of issues after the early wrap-up of this week’s “evidentiary hearing” for Invenergy’s Number 3 Wind Farm resulted in a closed-door “settlement conference” to try to search for middle ground.
Commissioner Kristie Fiegen said the fact that Prevailing Wind violated one of many conditions in their permits so early in their construction was a major concern -- especially for a project of its size. ...in order to avoid a costly civil lawsuit. Prevailing Wind will pay the maximum fine of $10,000 per day of the violation, totaling $30,000. The money will go to the permanent school fund.
The Iowa Judicial Building.
Woman angrily walks out of county meeting Opponents of a proposed wind farm that would span from Florence to Aulne to north of Peabody have hired two lawyers in an effort to stop potential development.
WATERLOO — A local farmer has lost his legal challenge against a planned wind energy project in southern Black Hawk County.
The issue only came to light following investigations by local people over what they considered to be excessive noise pollution. So far, so straightforward. Last November, An Bord Pleanála ruled that it constitutes an unauthorised development. Now, the enforcement order has been issued and the developer has six months to comply with the planning permission. As might be expected, the developer has applied to retain the structures.
A wind farm which was not built according to planning permission has been issued with an enforcement notice to cease operations. Barnafaddock Wind Farm in Ballyduff Upper, Co Waterford, was built using turbine 103m-diameter blades. It had permission for 90m-diameter blades. Last November, An Bord Pleanála ruled that the wind farm constituted an unauthorised development because of the anomaly.
In a six-page filing obtained by The Blade and expected to be entered soon in the OPSB online docket, three lawyers for Utah-based sPower’s subsidiary, Seneca Wind LLC, notified the state siting board that the developer wants to “suspend the procedural schedule and stay discovery” until further notice.
“(Potential buyers) are unwilling to enter into an agreement … until the legal proceedings are resolved,” Law said. “In addition, it is unreasonable and unwise for Washburn to commence construction of the project unless or until it has a purchase agreement in place and the legal proceedings have been completed.”
Oldenburg ruled that both sides could face potential harm, for plaintiffs if the wind farm is built, and for the defendants, if the wind farm isn’t build. “Until the ultimate issues are decided by a trier of fact, the balance of equities does not fall in favor of one side or the other,” Oldenburg wrote in his decision.
Judge Rollex held off ruling on the validity of leases for now, but said he was denying sPower’s request for the preliminary injunction — in other words, denying the company’s request to go on private property to do its work whether landowners agreed or not.
Mr and Mrs Milne did not object to the development, as they were never given notice of them during the planning process. But the couple – who had considered building their own turbine on the land by their home – became so fed up with the noise that they complained to the council, and after being unsatisfied with the impact the noise notice issued, decided to go to Aberdeen Sheriff Court to get their own order.
According to court documents, Kohmetscher lives on an 11-acre plot that is surrounded on three sides by wind turbines from NextEra's Cottonwood Wind Energy Center, a 40-turbine, 89-megawatt farm that began operation in the fall of 2017. Kohmetscher says in the lawsuit that the closest turbine is 1,300 feet from his property line.
In the appeal, Debra A. Shulski and Edward J. Greene, attorneys for Atlantic Wind, call the zoning board’s denial of its second application “arbitrary and capricious,” saying that the zoning hearing board “improperly discriminated against Atlantic Wind and held Atlantic Wind to a stricter standard than mandated or permitted by the Pennsylvania Municipalities Planning Code, the Zoning Ordinance or Pennsylvania case law.”
Filed on Friday in West Palm Beach federal court, the lawsuit is seeking damages to be determined at trial for hundreds of residents nationwide who live within three miles of a NextEra wind turbine.
Basically, EDP is challenging the validity of Murdock Township's zoning, arguing that the Douglas County wind regulations that have been in place for some time should supersede those of the township. Murdock Township responded to the lawsuit with motions asking the court to dismiss the EDP complaints, and Thursday, Judge Gary A. Webber denied some of the motions, but not all of them.
"This is huge. This is a tremendous victory for national parks and public lands," said Pamela Goddard, senior regional director for the NPCA's Mid-Atlantic region. "The court has found that if anyone wants to build a major infrastructure project, they must follow the law. So it's a victory for our parks and public lands."