Calumet County awaits wind turbine energy ruling
CHILTON — Calumet County officials are awaiting word on whether the state Supreme Court will review a decision that invalidated its restrictions for wind turbine construction.
While they wait, supervisors are working on ordinance changes they say would make their rules valid should justices decline to take the case.
The county filed its petition for review to the Supreme Court regarding a July appeals court decision that again stirred a years-long debate on wind energy.
Wisconsin’s 2nd District Court of Appeals found the County Board overstepped its authority in creating a blanket ordinance setting forth restrictions for all turbines proposed within the county’s zoning jurisdiction.
The county’s Planning, Zoning and Farmland Preservation Committee will hold a public hearing Thursday on proposed changes. It placed a moratorium on construction last month that would be lifted upon passing an ordinance that fits the requirements of the court decision.
Committee chairman Chester Dietzen said revisions would regulate construction through conditional use permits. He hopes the county moves slowly given the divide in opinion on wind energy.
“There’s been so much controversy,” he said. “I think it’s best to be relaxed and take our time on this.”
Calumet County’s wind turbine ordinance dictated required setbacks and maximum heights and sound levels for turbines. The appeals court ruled that each proposed project had to be reviewed on its own merits.
The appeals court decision stemmed from a 2006 lawsuit filed against Calumet County by a Town of Stockbridge farmer. Marvin Ecker Jr. sought to add four turbines to his property. The county, however, placed a moratorium on construction after Ecker declared his intention, and then passed the ordinance that tightened requirements.
A circuit court judge initially tossed out the lawsuit on a procedural error. Ecker failed to provide the county with a written notice of claim.
Ecker couldn’t be reached for comment.
The appeals court found the written notice wasn’t necessary because the county understood the nature of the dispute. It also found the county’s broad ordinance went against laws crafted by the state Legislature that show support of alternative energy systems.
The county’s petition to the Supreme Court argues that the appeals court ruling on the claim notice was wrong, because the county didn’t know Ecker intended to sue.
The petition also argues that the court read beyond the plain language of state statutes and imposed limits on municipalities that weren’t contemplated by the State Legislature.
“Supreme Court review will clarify the proper role of municipalities in the regulation of wind energy systems,” the petition says.
Jim Collar
24 August 2009
Tags: Wind power, Wind energy
Some possibly related stories:
- Wisconsin Supreme Court denies Calumet County wind turbine review
- Calumet County sets wind turbine moratorium after Supreme Court decision
- Wind farm hearing slated for August 27
- Court rules on wind turbine dispute; Ruling seen as blow to Calumet ordinance
- Calumet County wind turbine ordinance in jeopardy
- County fires back against wind farms
The copyright of this article is owned by the author or publisher indicated. Its availability here constitutes a "fair use" as provided for in section 107 of the U.S. Copyright Law as well as in similar "fair dealing" exceptions of the copyright laws of other nations, as part of National Wind Watch's effort to advance understanding of the environmental, social, scientific, and economic issues of large-scale wind power development. For more information, click here.
