US Wind Farm Litigation: Update on the Falmouth Case

judges-gavel
And then the hammer came down …

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Back in November 2013, we reported on the orders made by a Court in Falmouth, Massachusetts that pulled to a halt the operation of a couple of giant fans that have been driving townspeople nuts since they kicked into gear over 5 years ago (see our post here).

We’ve also reported on Barry Funfar, a former Marine whose own country has forsaken him and his family, by aiding and abetting the local wind power outfit to ride roughshod over the rules; and decent Americans, like Barry (see our post here).

Here’s an update from Frank Haggerty of the Falmouth Patch.

Falmouth Wind Turbine Lawsuit Explanation: Town of Falmouth Avoided Special Permit Bylaw 240-166
Frank Haggerty
Falmouth Patch
20 March 2015

The Town of Falmouth placed two massive commercial wind turbines at the Falmouth waste water treatment plant. The two turbines are Vestas V-82 megawatt turbines.

The Town of Falmouth claims under the town bylaws all municipal purposes are allowed by right in a public use district. This means the town decided they can build what ever they want on public property.

The Town of Falmouth ignored its own wind turbine bylaw 240 -166. This bylaw was created for the installations of wind turbines in Falmouth. This is called a Special Permit.

The Massachusetts Supreme Court has found that Falmouth did ignore its own bylaw 240-166. The court found in favor of the wind turbine victims living around the turbines. There could be as many as 200 residential homes within the zone of the two turbines.

Why would the Town of Falmouth ignore the permitting process for the commercial wind turbines? First, we do know that according to an August 3, 2010 letter released through the Freedom of Information Act that local officials were well aware the turbines would break state noise regulations. Vestas wind company, Massachusetts Clean Energy Center and wind turbine installation contractors were all well aware prior to the installations the turbines were too loud. http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VQw2AY7F9-d

Second, KEMA ECOLOGY AND ENVIRONMENT, INC provided a report to the Town of Falmouth on page 28 of the April 19, 2005 site review says : 6.2.2 a special permit is needed for the wind turbine.

Third, a Special Permit requires additional noise tests and set back reviews. Its obvious today why the town disregarded its own bylaw. Had the bylaw 240-166 been adhered to the turbines would never have been built. The town has taken the health and property rights of up to 200 residential home owners with no compensation for a revenue stream to benefit the town.

The Town of Falmouth for a decade has been misled by a political agenda that wages war on fossil fuels and climate change. The agenda calls for a minority of residents to lose their health and property rights with no compensation for the good of the majority.

The Falmouth Town Meeting Members talk about the wind turbines as if they are some modern day golden calf idol. The town has become servants of the wind turbines.

Shortly within 30 days or less the town will hear the fate of the wind turbines and the financial future looks dim.

The Town of Falmouth, Massachusetts Clean Energy Center, Vestas wind company, wind contractors along with local and state officials all share the liability of taking the health and property rights of up to 200 residential homes.

Industrial wind is a bunco scheme of enormous consequence. You the people who value intellectual honesty should not quietly be fleeced by such mendacity, even from our government officials.
Falmouth Patch

dirtyrottenscoundrelsoriginal
Don’t take it so personally. This was only ever about the money.

 

2 thoughts on “US Wind Farm Litigation: Update on the Falmouth Case

  1. So it is not Boco Rock Windfarm it is Bunco Rock! (and the windscammers are truly bunco bastards).

    luisa is right. It is time the wind swindle was held to account for its abuse of communities and systematic subsidy rorting.
    A Royal Commission is a priority.

  2. That compensation by way of law suits will ensure is a given.

    What would really put the sting in the tail is if every, single person involved in the deliberate, and illegal, obfuscation of the facts with this self-serving, and self-enriching project, could be personally sued as well.

    Until they feel the pain personally, they will not care.

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