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Bear Creek faces new lawsuit on turbines  

For the second time this year, Energy Unlimited filed suit against Bear Creek Township based on a township supervisors’ vote on wind turbines.

The company filed the suit Wednesday to reverse the supervisors’ 2-1 vote to deny a variance allowing nine turbines near Crystal Lake.

The nine turbines on Luzerne County-owned land are part of Energy Unlimited’s overall proposed Penobscot Mountain wind farm, which eventually would have 34 turbines on the Theta land. The other 25 turbines await a Commonwealth Court ruling.

Energy Unlimited lawyers claim the project met the criteria of the township’s subdivision and land development ordinance.

According to the lawsuit, the township agreed to a 90-day review process and failed to mail its final ruling by Nov. 19, the date the 90-day period ended. Supervisors voted on the additional nine at the Nov. 13 meeting.

“They screwed up, again,” Energy Unlimited’s attorney Ernest Preate Jr. said. “They didn’t follow the law, again.”

The suit also claims planning board member Rose Andrews “unduly influenced” the variance denial because she was new to the planning board and should not have voted on the variance on Oct. 16. The planning board voted 3-1 to recommend the supervisors reject the variance.

“I have complete faith in the board of supervisors,” Bear Creek Solicitor William Vinsko said. “We’ll look at the grounds of the appeal, and address it then.”

Staff Report


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