Despite suffering a crippling setback earlier this year, backers of the Penobscot Mountain Wind Project are refusing to let it blow away quietly.
Energy Unlimited Inc. announced on Monday it had filed an appeal before the state Supreme Court of a lower court decision that had upheld the township’s rejection of the wind turbine park in February. That Commonwealth Court decision was in turn a reversal of an August 2006 ruling by Luzerne County President Judge Michael Conahan that overturned a 2-1 vote by supervisors in May 2006 to reject a preliminary plan submitted by Energy Unlimited and Pennsylvania Wind Power.
“We think the county court was correct and township abused their discretion,” said Ed Shoener, Energy Unlimited’s project manager. “We just think there was a basic, fundamental error. We think the conditions were met.”
The project was denied, the majority argued, because Energy Unlimited hadn’t addressed 28 concerns submitted by the township Planning Commission, but the lone dissenter, Supervisor Gary Slusser, has maintained that all the conditions were met.
He was pleased with the continued litigation. “That’s fine with me. I voted for these. I want the windmills,” he said. “It’s a win-win situation for Bear Creek Township if they go up.”
14 May 2007
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