[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Add NWW headlines to your site (click here)

when your community is targeted

Get weekly updates

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Stripe

Donate via Paypal

Selected Documents

All Documents

Research Links


Press Releases


Campaign Material

Photos & Graphics


Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Another lawsuit filed over wind power project 

A wind-power proposal by Competitive Energy Services LLC of Portland continues to generate more paperwork than energy.

A second lawsuit – this one brought by neighboring property owners – has been filed at Waldo County Superior Court over the Board of Appeal’s March 8 decision on the project.

CES wants to build three wind turbines atop Beaver Ridge. It has said the $12 million project could generate enough electricity to serve 2,000 homes.

The proposal was put on hold when the appeals board overturned the Planning Board’s Dec. 7 approval of the project, saying it did not meet noise requirements in Freedom’s Commercial Development Review Ordinance.

CES filed suit in Superior Court in mid-April, seeking to overturn the appeals board action.

But Steven Bennett, his daughter Erin Bennett-Wade, and their neighbor Jeff Keating, have also filed suit.

In their action, the Bennetts and Keating claim the appeals board – even though it ultimately supported their view that the project should be denied – erred in a number of findings. The plaintiffs said the board was wrong to conclude:

“¢ The project complied with setback requirements in the ordinance.
“¢ CES had shown it has “sufficient right, title and interest” in the project site to make the application.
“¢ The developer did not need to submit a storm water management plan.
“¢ The parcel met the farmland classification requirements in the ordinance.
“¢ The project met the fire suppression standards in the ordinance.

The Bennetts and Keating asked the court to throw out the decisions of the planning board and board of appeals, and deny the CES application.

Also in the suit, the plaintiffs asked the court to declare that CES has no right to improve a discontinued road between the Bennett-Wade and Keating properties, or to place utility lines along it.

In its proposal, CES said it would widen and improve the road to allow the passage of construction vehicles. In addition, power transmission lines would be built along the road.

The plaintiffs, however, said the road has not been kept passable for motor vehicles at town expense since at least 1940. The road is presumed to have been abandoned 30 years after it was last maintained by the town.

Furthermore, they said the road was formally discontinued by a townwide vote in 1975, and the town did not retain an easement for utilities.

“The defendant [CES] does not have the right to construct such a road or widen it beyond its traditional six- to eight-foot width,” the suit claimed.

By Andy Kekacs
VillageSoup/Waldo County Citizen Copy Editor


9 May 2007

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Contributions
   Donate via Stripe
(via Stripe)
Donate via Paypal
(via Paypal)


e-mail X FB LI M TG TS G Share

News Watch Home

Get the Facts
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.


Wind Watch on X Wind Watch on Facebook Wind Watch on Linked In

Wind Watch on Mastodon Wind Watch on Truth Social

Wind Watch on Gab Wind Watch on Bluesky