Mass Superior Court Rules Falmout Wind Turbines Illegal

Further Appellate Review Denied To The Town of Falmouth

http://ma-appellatecourts.org/display_docket.php?dno=FAR-23199

SUPREME JUDICIAL COURT for the Commonwealth
Case Docket
TODD DRUMMEY & others vs. TOWN OF FALMOUTH & others
FAR-23199CASE HEADER
Case Status FAR deniedStatus Date06/03/2015
Nature Zoning appeal: c 40AEntry Date03/16/2015
Appeals Ct Number 2013-P-1498Opposition Date03/26/2015
Appellant PlaintiffApplicantDefendant
Citation Case TypeCivil
Full Ct Number TC NumberBACV2011-00166 & BACV201
Lower Court Barnstable Superior CourtLower Ct JudgeGary A. Nickerson, J.

Entry Date Paper Entry Text

03/16/2015 Docket opened.

03/18/2015 #1FAR APPLICATION of Town of Falmouth & others, filed by Frank K. Duffy, Jr., Town Counsel.

03/25/2015 #2OPPOSITION to FAR application filed for Todd Drummey & others by Christopher G. Senie,

06/03/2015 #3DENIAL of FAR application.

Falmouth Wind Turbine Lawsuit Explanation

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 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 p age 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 court has ruled against the town of Falmouth 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.