January 16, 2013
Massachusetts

Scituate Wind: Judge rules against shutting down the turbine

By Ruth Thompson | Wicked Local Scituate | January 15, 2013 | www.wickedlocal.com

The Scituate wind turbine will not be shut down per the decision of a superior court judge who reviewed documents and statements stemming from a hearing on Jan. 14 in the case of Scituate residents Mark and Lauren McKeever versus the Scituate Board of Health.

After listening to presentations from attorneys on both sides of the suit during the hearing at the Brockton Superior Court, Judge Charles J. Hely released his decision Tuesday (Jan. 15) afternoon.

The McKeevers, who live 640 feet from the base of the wind turbine, have taken legal action against Russell Clark, Francis Lynch, and Michael Vazza as members of the Scitaute Board of Health for not shutting down the wind turbine despite complaints they have made about the negative health impact their family has suffered since the wind turbine went online in March of 2012.

Counsel for the McKeevers, Tanya Trevisan, with the Law Offices of Gerard F. Doherty in Boston, spoke of the negative health impact the McKeever family, which includes two young children, has been experiencing.

“The operation of the wind turbine is not only a nuisance to the McKeever family, but is a threat to their health and welfare and has directly interfered with their constitutional right to the use and enjoyment of their property,” she said.
Upon Hely’s decision, Trevisan released the following statement: “Obviously the family is disappointed as they were hoping to get some relief from the daily disruptions that this wind turbine causes and the problems it brings with it. For the sake of their children, the McKeevers are staying positive and will work diligently, as any parent would, to ensure the Board of Health proceedings move forward in the manner anticipated by the court.”

See the Scituate Mariner for the full story.

URL to article:  https://www.wind-watch.org/news/2013/01/16/scituate-wind-judge-rules-against-shutting-down-the-turbine/