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Union Beach wins turbine appeal; Appellate decision states BRSA needs approval of boro planning board 

Credit:  BY KEITH HEUMILLER STAFF WRITER | Independent | ind.gmnews.com 9 August 2012 ~~

The Appellate Division of New Jersey State Superior Court on Friday unanimously found in favor of Union Beach, blocking the Bayshore Regional Sewerage Authority (BRSA) from constructing a wind turbine without the approval of the borough.

As a result of the much-anticipated Aug. 10 decision, the BRSA will have to appear before the Union Beach Unified Planning Board before moving ahead with its plans to build the 380-foot industrial wind turbine in the borough.

Citing multiple previous court rulings as precedent, the decision overturns an earlier lower court decision which found in favor of the BRSA and granted the authority permission to build the turbine without receiving planning board approval.

“The reasoning undergirding the partial summary judgment granted in favor of BRSA is fundamentally flawed,” read the decision.

“We reverse and remand to the board of adjustment for consideration of the need for a variance.”

Source:  BY KEITH HEUMILLER STAFF WRITER | Independent | ind.gmnews.com 9 August 2012

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 educational 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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