Falmouth Wind Turbine Litigation

Falmouth Wind Turbine Litigation

The news media reports the news on behalf of the state and its own agenda. Social Media is the only place the public sees the renewable energy fiasco taking place in Massachusetts. There are news people who are well aware of what is going on but are held back by news media organizations invested in renewable energy.

February 28,2015

Does the Town of Falmouth appeal the wind turbine case to the full Supreme Judicial Court ?

In April of 2013 the Town of Falmouth, Town Meeting Members and its voters recognized it made a mistake building megawatt wind turbines any where in Falmouth. In addition to banning the construction of megawatt turbines anywhere in town, the new bylaw also limits the noise levels audible to neighbors to 6 decibels.

The town has already admitted it made a mistake in 2013 and created a new bylaw prohibiting the megawatt class of turbines.
How now can Falmouth justify going to the full Supreme Court asking again for further appellate reviewafter changing its own bylaws ?

The Town of Falmouth has lost every important litigation case since the installation of the wind turbines. Guilty

Pro wind advocates and the news media are quick to point out that the Town of Falmouth voted 2 to 1 to keep the wind turbines operational. Many view this vote as a 2 to 1 vote to continue taking the health and property rights of up to 200 residential home owners or what are called the rights of original stakeholders.

On Monday, March 2, 2015 the Falmouth Select Board is faced with making a decision on future litigation. Does the Massachusetts Clean Energy Center pay the litigation costs of an appeal to the full Supreme Court or the taxpayers ? Who will pay the litigation costs of the up to 200 residential homes ? Ultimately the taxpayers are going to pay for the entire fiasco and they still don’t get it.

It is obvious the original goal of the entire state renewable energy goal was 2000 megawatts of renewable energy by the year 2020. The local Falmouth politicians are following the state guidelines not your best interest and your pocket book. The Falmouth politicians are fighting the war on fossil fuels with your tax dollars. The Town of Fairhaven with two giant megawatt commercial turbines today is cutting its budget because of lack of funds. What good are they ?

Your local politicians aka the Friends of Falmouth Wind are using the court system to stall any any action on the wind turbines by the court until after the year 2020 at the local taxpayers expence.

“Technically, there is no “appeal” to a higher court from a decision made by the Appeals Court. However, you may request review of the Court’s decision by filing a petition for rehearing (which will be reviewed by the same Appeals Court panel) or by filing an application for further appellate review with the Supreme Judicial Court.”

” The petition is submitted in letter form addressed to the most senior judge on the three judge panel (the first judge listed on the decision or order). It is filed in the Clerk’s Office, which will docket and distribute it to the panel. The petition for rehearing must be filed via e-mail, as a pdf file attached to an email message sent to emotions@appct.state.ma.us, within fourteen days of the issuance of the decision.There is no fee for the filing of a petition for rehearing. No paper copy is required.”

” Within twenty days after the decision issues from the Appeals Court, any party to an appeal may file an application for leave to obtain further appellate review of the case by the full Supreme Judicial Court. Applications for further appellate review are governed by the provisions of Rule 27.1 of the Massachusetts Rules of Appellate Procedure. Click here for more information about further appellate review.”

Justice Grasso one of the panel members retired on January 9, 2015. Will the full Supreme Judicial Court overturn one of the last decisions of a retired judge ?

The Falmouth Select Board may decide to appeal the case but the results will be the same. We are a nation of laws.

Civil actions commenced in the Superior Court Department on March 21, 201113-P-1498 Appeals Court TODD DRUMMEY & others1 vs. TOWN OF FALMOUTH & others.2 No. 13-P-1498. Barnstable. September 5, 2014. - February 26, 2015.

We are asked to decide in this case whether the town of Falmouth (town) was required to obtain a special permit from the zoning board of appeals of Falmouth ( ZBA) for the installation of a wind turbine on town land. We conclude that, under the town’s zoning by-law (by-law), a special permit was required.

http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/13p1498.pdf

The bottom line : The Town Has Lost