Articles filed under Legal from USA

West Fork Wind hearing is delayed

On Aug. 16, West Fork and the Consumer Counselor office jointly asked the IURC to delay the hearing again, until April 30, 2019. West Fork said it will not have all of the requested data until after the end of this year.
22 Aug 2018

The problem with wind energy ordinances

Ordinances governing wind energy systems, which are to be developed within a county, have a wide ranging effect on the local geography and economy.  Local participation in ordinance drafting is a great advantage of county lawmaking.  This leaves an opportunity for county commissioners to make the public, its local residents, “partners” in this lawmaking.  There should be little uncertainty in ordinance language, it should be transparent, and the end product should favor open public participation in wind farm applications.
20 Aug 2018

Judge reverses zoning board’s OK of solar farm in Portsmouth

Judge Brian Van Couyghen reversed the board’s approval of a special-use permit for the 2.9-megawatt solar photovoltaic farm on 8 acres finding that it represented a manufacturing use that is not allowed in residential zones. Van Couyghen cited a previous case in which the state Supreme Court found that wind turbines represented a manufacturer because they are used for the sole purpose of transforming raw materials, “namely wind — into a finished product — namely electricity.”
31 Jul 2018

Fairbank wind turbine owners appeal contempt judgment

District Court Judge John Bauercamper ordered county officials and the wind companies to take steps to demolish the structures, but he put the order on hold while companies appealed his decision, subject to the posting of a $450,000 bond to cover removal costs. ...On June 12, Bauercamper issued his contempt ruling, noting in part the $450,000 bond was never filed. 
13 Jul 2018

Wind Farm Nuisance Matter Resolved – Buy the Homeowners Out!

Wind “farms” can present land-use conflict issues for nearby landowners by creating nuisance-related issues associated with turbine noise, eyesore from flicker effects, broken blades, ice-throws, and collapsing towers, for example. Courts have a great deal of flexibility in fashioning a remedy to deal with nuisance issues.  A recent order by a public regulatory commission is an illustration of this point.
8 Jun 2018

Special judge to hear Miami County wind farm lawsuit

A lawsuit alleging Miami County’s wind-energy ordinance is unconstitutional is set to be decided by a special judge after all the county’s judges recused themselves from the suit. ...The suit argues the wind ordinance violates both the U.S. and Indiana constitutions by restricting land rights.
5 Jun 2018

Court action filed to block Black Hawk County wind farm

The action filed by attorney John Holmes details numerous reasons Youngblut believes the board’s action violated provisions of the zoning ordinance. Those include failure to provide unique and compelling evidence to rezone high-value agricultural land; failing to provide proper signed lease agreements with landowners; and excluding a definition of shadow flicker caused by turbine blades.
26 May 2018

Administrative law judge says PUC should reject Freeborn County wind project

​In a rare move, a state judge has recommended that a proposed southern Minnesota wind farm — Freeborn Wind — be denied an operating permit, saying the project has failed to show it can meet state noise standards. Meanwhile, the owner of Bent Tree Wind Farm, which is also in Freeborn County, recently agreed to buy the homes of two families who have long complained about excessive noise.
18 May 2018

Wind farm seeks out of state regulation

The company planning to build a wind farm in part of Fayette County is asking the state not to regulate it as an electric utility. Since 2006, at least eight other wind farms have received the treatment as West Fork Wind wants.
27 Mar 2018

https://www.windaction.org/posts?location=USA&p=10&topic=Legal&type=Article
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