The citizens of Fairhaven and all SouthCoast residential property owners have lost their constitutional rights to commercial wind turbines.
The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. Yet, in the mad rush to implement green energy policies, the state of Massachusetts is creating a second-class group of citizens through the poor siting of commercial wind turbines in Fairhaven.
Wind turbine contractors have presented supporting information while citizens with opposing positions haven’t had a chance to speak. Public hearings are needed to solve a problem and deal with concerns. Everyone should be allowed to present supporting and opposing positions on the siting of commercial wind turbines.
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority. The residents living around the proposed wind turbine site at the Fairhaven Waste Water Treatment Plant have been denied the Due Process clauses of the Fifth and 14th Amendments.
These clauses prohibit the federal and state governments, respectively, from depriving any person of life, liberty or property, without due process of law.
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