[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


News Home

Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

Court says Fairhaven wind developers must be added to suit  

Credit:  By Beth Perdue, www.southcoasttoday.com 30 December 2011 ~~

FAIRHAVEN – A New Bedford Superior Court judge upheld a motion to have developers Fairhaven Wind LLC added to a civil suit Thursday after Fairhaven’s wind project was unexpectedly in court again.

“Right now, the whole case is stayed until Fairhaven Wind is added as a party,” said Fairhaven Town Counsel Thomas Crotty of the judge’s decision.

The suit opposes a plan to build two approximately 400-foot wind turbines on town-owned land off Arsene Street and was filed Dec. 23 by 22 plaintiffs. Named defendants included the town of Fairhaven, its selectmen and Building Commissioner Wayne Fostin.

But Crotty, who filed the emergency motion to stay proceedings, said developers Fairhaven Wind LLC need to be part of legal actions because they have an obvious interest in proceedings. The suit targets the legality of both the town’s lease and the building permit, both of which are with Fairhaven Wind LLC, he said.

“They put up a lot of money; they started construction … and here comes some third party, the neighbors, saying they want to void the lease,” said Crotty. “(Fairhaven Wind) ought to be heard on it.”

Crotty said the judge’s decision means DeNardis and plaintiffs must refile their complaint naming Fairhaven Wind LLC and serve papers to the LLC. If it can be done in time, an already scheduled Jan. 3 court date may still happen, he said.

Plaintiff Ken Pottel called today’s decision a minor setback.

“Their motion to include Fairhaven Wind LLC as part of the defendants was granted by the judge,” said Pottel. “(But) they wanted to get it extended beyond Tuesday and that was denied.”

Pottel said attorney Ann DeNardis will refile the complaint today and notify Fairhaven Wind.

“We’re disappointed because our issue is with the town, not the LLC,” he added.

Source:  By Beth Perdue, www.southcoasttoday.com 30 December 2011

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.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.