(West Grey) –
NextEra has won the latest court battle for its plan to build fourteen, 80 metre tall wind turbines east of Durham.
The Ontario Divisional Court has handed down a ruling in the dispute over entrance permits for the 23 megawatt development.
The Court basically tells West Grey to get on with negotiating agreements that will allow the company to proceed.
It ruled although the municipality can issue oversize permits and entrance permits but they can’t be used to hold up provincially approved projects like wind turbines.
In the 14 page ruling, the Ontario Divisional court says while West Grey has not acted in bad faith, the failure to reach agreements with NextEra on the requested permits in the near future could be grounds for a finding of bad faith.
Along with ruling against the municipality, the court has ordered West Grey to pay $15,000 in legal costs to NextEra – East Durham Wind Incorporated – within 30 days.
Mayor Eccles says the court basically told them to work out agreements that don’t hold up the project any longer.
However, he points out similar agreements with Grey County took eight months to work out.
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