Falmouth Intentionally Disregards Wind Turbine Appeal 10/2/18

The Massachusetts Court of Appeal always presumes the lower court was correct.

The "Friends of Falmouth Wind" a small group of wind turbine advocates has been urging the Falmouth Board of Selectmen to join in their wind turbine appeal October 2, 2018. They want to tell the Select Board what to do.

Massachusetts Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 20, 2017. The Friends of Falmouth Wind asked to intervene in which case Judge Moriarty later ruled the "Friends of Falmouth Wind" have no standing and filed their appeal too late. The Friends of Falmouth Wind then filed an appeal in the state courts. The Friends of Falmouth Wind knew the case had been going on for years.

On July 10, 2017, Susan Moran, the chairwoman of the Board of Selectmen, said:"It's time to put the matter behind us and move forward." The judge denied the appeal brought by Falmouth selectmen against the Zoning Board of Appeals. The Falmouth Zoning Board of Appeals had found the turbines to be a "nuisance."

August 29, 2018, the Massachusetts Appeals Court sent the Town of Falmouth a warning they had not filed a brief for the October 2, 2018 wind turbine appeal trial and if Falmouth does not file a brief the trial goes forward.

On September 7, 2018, Town Attorney Frank Duffy responded re: "do not intend to file a brief"

The Town of Falmouth will not join the Friends of Falmouth Wind.

The Friends get to pay all the litigation fees and associated requested damages.

The appeal court will be held by a three-judge panel for case number 2018-P-0104 on October 2, 2018

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Falmouth, Massachusetts Town Attorney Frank Duffy State of the Town: Falmouth Wind Turbine Update 2018

Turbines Shut Down June 20, 2017 By Court