July 21, 2011
Illinois

Judge rules Libertyville wind turbine case will go to trial

By Beth Kramer, Lake County News-Sun, newssun.suntimes.com 21 July 2011

Nancy Zeivel said she was both upset and disappointed with Lake County Associate Judge Mitchell Hoffman’s ruling Thursday the legality of a wind turbine in her back yard will be determined at trial.

Zeivel, who is legally blind, is one of six plaintiffs who formed a Citizens for the Protection of Libertyville in response to the wind turbine that was erected near residential property lines. The plaintiffs allege the turbine’s loud noise causes loss of sleep and distraction.

Through attorney Richard Porter, the Copeland Manor neighborhood residents asked the judge to void Libertyville’s ordinances that allowed a wind turbine to be built within 250 feet of property lines.

“Because I’m blind, I depend on my hearing. This has interfered with my hearing. I like the (wind turbine) description of sounding like a car, because it’s loud … I can’t hear what I need to hear,” Zeivel said.

Hoffman did not void the ordinances or order that the wind turbine be moved. Citing a factual issue, the judge ruled the matter must go to trial.

“The judge denied (our) motion. His decision was well thought out,” said David Gates, spokesman for Citizens for the Protection of Libertyville. “We would like to avoid trial. We’ve been trying for negotiation from day one.”

Porter said Aldridge Electric, which constructed the turbine, had agreed to move the turbine until discovering it would cost $75,000.

The judge previously granted an injunction that allowed the wind turbine to be operated from 9 a.m. to 3 p.m. Monday through Friday.

Even so, Zeivel and the other plaintiffs allege it impedes their daily lives.

“I just thought it would be over by now,” she said.

Instead of resolution, Porter said he is preparing to take the case to trial. He also represents the group in its nuisance action lawsuit against the turbine.

The matter will be up again in court Aug. 16.

URL to article:  https://www.wind-watch.org/news/2011/07/21/judge-rules-libertyville-wind-turbine-case-will-go-to-trial/