May 20, 2011
Massachusetts

Motion to dismiss ARC turbine case is rejected

By Nicole Muller, The Register, www.wickedlocal.com 19 May 2011

ORLEANS —

A motion to dismiss Aquacultural Research Corporation’s appeal of the Old King’s Highway Regional Historic District’s denial of a 600 kW wind turbine project adjacent to Chapin Beach in Dennis was dismissed Thursday afternoon.

Orleans District Court Judge Brian Merrick summarily rejected OKH Attorney Leslie Ann Morse’s motion but agreed that she could re-submit the request.

Speaking on behalf of ARC, Attorney John Kenney said his client “will raise the issue of jurisdiction” at a pre-trial hearing set for 2 p.m. on Thursday, Oct. 6. ARC claims that Rose Marie Austin of Dennis had no right to appeal the Dennis Old King’s Highway Committee’s approval of the project.

Last summer, ARC brought its request to construct a 243-foot turbine on its property to the local Old King’s Highway Committee. Following several hours of testimony and a site visit, the committee granted a certificate of appropriateness. Austin appealed the decision, claiming that the local decision was a “misinterpretation” of the [Old King’s Highway Act] regarding the turbine’s size “in relation to the surrounding pristine historic area.”

The Act requires officials to consider the appropriateness of renewable energy on a case by case basis.

ARC President Gail Hart, who was not in court Thursday, has maintained that Austin is not an abutter, but Hart was not surprised by Austin’s appeal.

URL to article:  https://www.wind-watch.org/news/2011/05/20/motion-to-dismiss-arc-turbine-case-is-rejected/