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No town has the right to inflict harm on citizens 

Credit:  Cape Cod Times | August 12, 2013 | www.capecodonline.com ~~

As Falmouth’s litigation process for its wind turbine nuisance appeal in Barnstable Superior Court moves forward, I wonder whether due consideration was given to the town’s “by right” authority to construct and operate wind turbines that pose possible health risks to neighboring residents.

The argument cited by town officials is that the wind turbines, located on land zoned for public use, serve municipal “public good” and are a protected “by right” use. Does this “by right” caveat, therefore, permit Falmouth to renounce its responsibility to protect a small minority of adversely affected neighbors?

In the special permit case, the court determined that the plaintiffs “have given credible testimony that they have suffered health impacts since the operation of Wind 1 not experienced by residents located further away.”

No one, and no entity, is legally, socially or morally afforded the protection or “right” to inflict harm on citizens. The town’s suit against its own zoning board’s “nuisance” determination strikes me as being totally indefensible, as well as being absolutely absurd!

Mark J. Cool


Source:  Cape Cod Times | August 12, 2013 | www.capecodonline.com

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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