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Supremes toss wind turbine appeals 

Credit:  By Hawes Spencer, The Hook, www.readthehook.com 16 September 2007 ~~

Virginia’s first proposed wind farm blew away some unhappy neighbors Friday when the Virginia Supreme Court dismissed their appeal of a lower court ruling.

Finding that the Highland County Circuit Court never should have allowed a trial, the state’s highest court, in what will clearly be derided by project opponents as a technicality, rejected the appeal because the landowners sued “Highland County” instead of suing “the Highland County Board of Supervisors.”

In its opinion, the Supreme Court pointed to state code when it declared “The terms ‘locality’ and ‘board of supervisors’ are not synonymous or interchangeable.” In a second case, the Supreme Court rejected

another neighbor’s claim that challenged the county’s planning commission.

Two years ago, the Highland supervisors, after amending the rural area height restrictions, voted to approve the 400-foot-tall ridgetop array. The 19-turbine electricity generation facility proposed by Highland New Wind Development LLC still faces a regulatory hurdle in the form of the State Corporation Commission which is expected to rule later this year. In March, an SCC hearing examiner recommended conditional approval despite claims that the turbines could be lethal for bats and migratory birds.

Source:  By Hawes Spencer, The Hook, www.readthehook.com 16 September 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.

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