April 11, 2016
Massachusetts

Court nixes restraining order request against Bourne officials in wind farm case

By Paul Gately | Apr. 11, 2016 | capecod.wickedlocal.com

Bourne Town Counsel Robert Troy advised town officials April 9 that the Barnstable Superior Court had rejected a temporary restraining order request sought against selectmen, the board of health, and himself in the matter of what will legally unfold for – or against – four wind turbines built in Head of the Bay, South Plymouth.

The request was lodged March 8 by Ian Davies and Buzzards Bay residents in the matter of cranberry farmer Keith Mann of South Plymouth securing approval from Plymouth officials to construct four commercial-grade turbines off Head of the Bay Road and the Route 25 connector.

The court, as of April 8, in a separate matter was still reviewing injunctive relief sought by Bourne officials to force Future Generation Wind – which built the turbines before they were sold to Consolidated Edison – into Bourne Board of Health wind-farm scrutiny.

The Buzzards Bay Citizen Group in the interim argued that Troy’s initial handling of the wind farm case was not timely or effective and that selectmen – who authorized the town counsel to seek injunctive relief against Mann – really did not support the legal effort.

Future Generation Wind, meanwhile, argues it has secured regulatory approval for its turbines, which have been constructed but are not yet operational, and that it need not submit to Bourne health board turbine review because the complex is situated in South Plymouth.

Troy argues the Bourne turbine review bylaw applies to FGW even though its turbines are out of town. And Bourne selectmen have repeatedly refused to comment about the case while it remains in litigation.

URL to article:  https://www.wind-watch.org/news/2016/04/11/court-nixes-restraining-order-request-against-bourne-officials-in-wind-farm-case/