Energy Unlimited Inc., which lost its last two court decisions regarding a proposed 34-turbine wind farm project in Bear Creek Township, appealed the case to the state Supreme Court on Monday, hoping the higher court will reverse a February Commonwealth Court decision that sided with township supervisors’ rejection of the project.
The appeal applies to 25 of the proposed 34 wind turbines – the company submitted plans separately for the additional nine turbines – which the board of supervisors rejected 2-1, claiming the company did not submit a complete, cohesive plan.
Even in losing appeals, Energy Unlimited has maintained that the wind project on county-owned Theta-Land would be beneficial for the area.
Supervisors also rejected plans for the additional nine turbines, which cannot operate without the additional 25. Both sets of plans have worked through the court system as the township, the company and environmental groups have filed suits on all sides of the issue.
Township Solicitor William Vinsko said he couldn’t comment on the company’s appeal, having not seen it yet. The township, he stressed, is not against wind power, just the way the plans were presented.
“I find it hard to believe the court would take the case,” Vinsko said. “If they do take it, it will likely be because it’s generally new law.”
By Coulter Jones
15 May 2007
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