Consumers Energy Wednesday filed an appeal of the December Mason County Zoning Board of Appeals’ ruling that the county’s planning commission was correct in ordering mitigation of noise from the company’s wind turbines in Summit and Riverton townships.
The company is now asking 51st Circuit Court to decide the issue.
It is also asking the court to order a stay to halt enforcement of the Mason County Planning Commission’s ordered mitigation for noncompliance with noise levels from some of Consumers’ wind turbines, with the stay to remain in effect until final resolution of the appeal.
“The county would have preferred they would submit a mitigation plan, but the appeal to circuit court was not unexpected,” Mary Reilly, Mason County zoning director, said in reaction to Wednesday’s court filings. “Any time anyone appeals to the ZBA it is understood they could appeal (the ZBA decision) to circuit court.”
If it loses its appeal in circuit court, Consumers Energy could still appeal that decision to the Michigan Court of Appeals.
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