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Burke official must turn over wind-farm paperwork
A Burke official with an option to lease land to a wind-farm company lost his court battle and must answer a subpoena from a Franklin County grand jury.
Town Council member David Vincent must turn over all correspondence, contracts, receipts, leases, purchase agreements, options or communications he has had concerning Noble Chateaugay Windpark, Noble Energy, Jericho Rise Windpark and Burke Wind Power.
Drake professor teaches wind energy law
Some farmers in Buena Vista and Cherokee counties, in northwest Iowa, were angry when the owner of a 10-year-old wind farm built on their land cut their annual payments of $2,100 by two-thirds.
"We had no idea they could do it," said retired farmer Ronovan Meyer of Alta, who signed a lease with what was then an Enron subsidiary to allow a wind turbine on his 160-acre farm.
The lease signed by Meyer and about 30 other farmers called for payments of about 6 percent of the value of the power produced. The new terms cut those payments to 2 percent with landowners being guaranteed at least $750 per year.
Groups threaten to sue Gamesa over wind plans
Although Gamesa Inc. has yet to start work or obtain a state permit for its proposed Shaffer Mountain wind project in Somerset County, three local groups say they’ll sue if the turbine maker proceeds.
Sensible Wind Solutions, Mountain Laurel Chapter of Trout Unlimited and The Allegheny Plateau Audubon Society on Tuesday told Gamesa representatives that federal litigation is coming if they don’t stop the project.
Barnstable lawsuit challenges wind farm
As part of their quest to kill Cape Wind's plans for 130 turbines in the Sound, Barnstable officials filed a complaint in Barnstable Superior Court Wednesday claiming the Cape Cod Commission has exclusive jurisdiction over the transmission cables that would link the turbines to the shoreline.
Some people misunderstood Article 78 in Stark and Warren
- The Article 78 decision is a precedent-setting case that will be referenced for years to come. It shows that citizens have the power to hold their local governments accountable and that there are consequences if government does not follow the law. I believe that a compromise exists for the Jordanville Wind project if only the town boards are willing to listen to their citizens’ concerns and follow the law. - cwwgroup on 2008-02-01
Ruling a setback for wind project
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WARREN — A new court ruling will delay the Jordanville Wind project and is raising questions whether the developer might drop the project in southern Herkimer County.
State Supreme Court Justice Donald Greenwood of Onondaga County ruled that the Warren Town Board failed to look closely enough at the project’s potential impact. The town was the lead agency for a state-required environmental review.
The town’s process and decision to approve the review was “arbitrary, capricious and an abuse of discretion,” Greenwood’s decision states.
- cwwgroup on 2008-01-20
MEDIA/PRESS RELEASE - David P. Miller attorney for Cohocton Wind Watch
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The Steuben County Supreme Court, by Decision dated January 9, 2008 has made a ruling in the Town of Cohocton wind turbine case.
In the matters of Cohocton Wind Watch and James Hall et al. against Canandaigua Power Partners et al, and two related cases, acting Supreme Court Justice Marianne Furfure has determined that with one exception in one case, the petitioners in each of the three pending lawsuits have standing to proceed with the actions. In addition, Judge Furfure denied the respondents' motion to dismiss the cases, finding that the petitioners did not violate the stature of limitations and that the petitioners did not fail to exhaust their administrative remedies by not appealing a decision of the Town's Code Enforcement Officer to the Town's Zoning Board of Appeals. Finally, Judge Furfure declared that all of the individual property owners whose lands are to be a part of the wind turbine projects are necessary parties to the actions.
Judge Furfure has given the petitioners additional time to serve some of the landowners with copies of the petition in the actions, and has given counsel for the respondents sixty days in which to serve their answers to the petitions upon counsel for the petitioners.
Dated: January 10, 2008
David P. Miller
111 N. Main St.
Naples, NY 14512
(585) 374-2130
- cwwgroup on 2008-01-10
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The Steuben County Supreme Court, by Decision dated January 9, 2008 has made a ruling in the Town of Cohocton wind turbine case.
In the matters of Cohocton Wind Watch and James Hall et al. against Canandaigua Power Partners et al, and two related cases, acting Supreme Court Justice Marianne Furfure has determined that with one exception in one case, the petitioners in each of the three pending lawsuits have standing to proceed with the actions. In addition, Judge Furfure denied the respondents' motion to dismiss the cases, finding that the petitioners did not violate the stature of limitations and that the petitioners did not fail to exhaust their administrative remedies by not appealing a decision of the Town's Code Enforcement Officer to the Town's Zoning Board of Appeals. Finally, Judge Furfure declared that all of the individual property owners whose lands are to be a part of the wind turbine projects are necessary parties to the actions.
Judge Furfure has given the petitioners additional time to serve some of the landowners with copies of the petition in the actions, and has given counsel for the respondents sixty days in which to serve their answers to the petitions upon counsel for the petitioners.
Dated: January 10, 2008
David P. Miller
111 N. Main St.
Naples, NY 14512
(585) 374-2130
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