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Pennsylvania Windpower files suit against resident  

The proponent of a 34-turbine wind farm on county-owned Theta land near Crystal Lake in Bear Creek Township filed a lawsuit against a resident for not signing over an easement to build a road quickly enough.

Pennsylvania Windpower Inc., a subsidiary of Energy Unlimited Inc., filed suit against David Fedak in Luzerne County Court on Tuesday. The company paid Fedak as well as Joseph and Sally Horny $12,000 for an easement on his property to provide access to the proposed project, according to court documents.

The company asks Fedak to pay monetary damages and attorney’s fees because, according to court documents, he has delayed signing over the easement and to adhere to an agreement reached Dec. 5, 2004.

The easement would provide company access to the Theta land where it hoped to build the wind park.

Energy Unlimited’s project includes two applications, one to build nine turbines and another to build 25, and has been held up in legal battles for the past year since township supervisors rejected both applications. Last month the company said it plans to resubmit applications with the township after the state Supreme Court refused to hear its appeal regarding 25 of the proposed 34 turbines.

By Coulter Jones

The Citizens Voice

15 November 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 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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