​Falmouth Tortious Wind Turbine Lawsuit To Go Forward

Falmouth Tortious Wind Turbine Lawsuit Set For December 2017August 31, 2017

A case against the Town of Falmouth wind turbines filed in October of 2014 has been assigned a trial date of December 4, 2017 .

The legal initiating action is described as a tortious action involving Massachusetts or local town governments. Tortious is the wrongful; conduct of such character as to subject the actor to civil liability under Tort Law

By June 20th, 2017 several Massachusetts Superior Court Justices have shut down two municipal wind turbines owned by Falmouth, Massachusetts

The Massachusetts Department of Environmental Protection is no longer enforcing regulations to protect the citizens of Massachusetts. The MassDEP has for years failed to consistently effectively and efficiently administer the environmental laws that protect the quality of life for all Massachusetts’ citizens.

The court case is described as 1472CV00517 Barry Funfar et al vs Town of Falmouth. The trial is scheduled to take a week.

A cursory review of emotional distress legal cases in Massachusetts reveals hundreds of thousands and millions of dollars have been awarded.

Falmouth residents around the ill fated wind turbines fought for a seven-year battle to reclaim health and property rights.

Note # A recent Falmouth opinion by Massachusetts Lawyers Weekly:

"Zoning – Nuisance – Noise – Wind turbines"

Superior Court

By: Tom Egan August 29, 2017

"Where the Falmouth zoning board found that the town’s operation of two wind turbines constituted a nuisance, that decision was not arbitrary and capricious, as the board relied on evidence showing that noise from the turbines has directly and negatively affected the health and well-being of neighboring landowners. “… In support of its decision, the ZBA ...

"http://masslawyersweekly.com/2017/08/29/zoning-nuisance-noise-wind-turbines/