Neighbor News
Wind Turbine Legal Fees Remain A Mystery Now Eminent Domain
Taxpayers have to pony up to keep paying the litigation fees on the two illegally permitted turbines out of state noise compliance
Falmouth Wind Turbine Legal Fees Remain A Mystery
November 13, 2015
Falmouth Massachusetts
The town has seven or more litigation battles over the turbines, hired bylaw special attorneys, a permitting attorney and attorneys paid for by town litigation insurance and of course the town attorney.
An explanation was given as to the types of litigation cases facing the Town of Falmouth. The numbers for sure are more than ten which include nuisance cases, bylaw, permitting challanges. It was hard to keep count of the various types of ltigation.
There was no discussion on what if any has the wind turbine lawsuits had on the town insurance premiums. In addition there was no break down of expenses paid to any and all the squad of attorneys.
Article 8 passed last night at Town Meeting with a presentation that forecasted spending $175,000.00 on wind turbine litigation for at least the next six months. The explanation contained the caveat that for the past few years the town has had to come back to Town Meeting to ask for more money from the taxpayers. Town Meeting approved this article.
Needless to say Falmouth holds a great future for attorneys to provide counsel for Article 2 passed at Special Town Meeting on November 10. Article 2 was explained to Town Meeting Members as a type of eminent domain article to buy out the wind turbine victims homes and/or offer easements on their deeds. The eminent domain Article 2 will require another law firm down the road for the foreseeable future.
Massachusetts General Laws Chapter 40 Section 14 eminent domain laws allow the Falmouth Select board to purchase property for municipal use. The words ‘’municipal purpose’’ are the key to litigation that could go 5 to 8 years over the taking of property.
It is highly unlikely the Town of Falmouth can take a home for “municipal purpose” placing a wind turbine noise easement on the home and reselling the home taken by eminent domain. The residents are the original stakeholders. The Massachusetts Superior Court has ruled the turbines were illegally installed.
The Falmouth Select board continues to ignore the health issues of the turbines. The turbines are breaking state noise laws and everyone is aware the Massachusetts Clean Energy Center hid the noise warning of two distinct types of noise state “regulatory” noise and “human annoyance” low frequency noise. These warnings were in all other studies prior to the Falmouth installations.
The Town of Falmouth under Special Town Meeting Article 2 feels they are in a postion to offer payments to buy easements or settle with residential home owners around the turbines. The problem with making offers to home owners for the noise problems causing the lack of sleep and health problems is who represents the health rights of the children in the homes. The home owners can’t agree to give up their childrens heath for cash. Who represents the children ?
The Falmouth town attorney and Select board are undoubtly aware of a historic eminent domain case in Massachusetts. A 1973 vote by a Falmouth Town Meeting authorizing a taking by the selectmen by eminent domain that resulted in the landmark case of Ballantine vs Town of Falmouth. The case invloved leasing property taken by eminent domain. The case is referenced in litigation cases.
There are 200 residential homes modeled within 3000 feet of the town twin turbines. The average price of a home is $350,000.00 at a total of around 70 million dollar high liability to the Town of Falmouth in the eminent domain process.
There are over 40 residential home owners who have filed noise complaints. There are well over that amount that won’t come forward because they are federal,state or local officials or people who feel they will face retribution from the town on future building permits etc.
The taking of even one home would surely kick off the class action certification process. What would the diminutive value of the homes on the streets around the home be ?
Taxpayers have to pony up to keep paying the litigation fees on the two illegally permitted turbines out of state noise compliance for the foreseeable future. The turbines will never make money and continue to grow the payout fees in the nuisance litigations.
To date the town has never explained to the public why they hid the noise warning from Vestas wind company. Vestas the manufacturer of the turbines warned they were twice as loud as the specifications. The letter was written August 3, 2010.
A judge and/ or jury will want an answer to why imformation was hidden and omitted for years.
Here is a story today 11/13/ 2015 from the Cape Cod Times the link is below :
FALMOUTH — As Falmouth town meeting rolled into its third night, wind turbines were still a central topic.
