BOSTON – The state appeals court ruled on Monday that an appeal filed to stop the construction of a 242-foot wind turbine in Dennis is moot because a conservation restriction adopted on the property already prohibits the construction, according to court documents.
In 2010, the Aquacultural Research Corporation sought approval to build the turbine on its property on Chapin Beach Road.
Although the town initially approved the project, that decision was reversed when an abutter to the property said the turbine violated the Old Kings Highway Regional Historic District Act and the historic district commission found that the town “acted in poor judgement,” according to the documents.
After the Aquacultural Research Corporation won its case in Orleans District Court, the abutter appealed to the Massachusetts Court of Appeals in October 2014.
In June, while the appeal was still pending, the Aquacultural Research Corporation granted a conservation restriction on its property, prohibiting the construction of a windmill, wind turbine, or wind generator.
Therefore, the appeal is moot, according to the court documents.