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Arguments heard in wind turbine zoning suit  

Credit:  Judy Dolgos-Kramer | Times News | December 20, 2016 | www.tnonline.com ~~

Judge Steven Serfass held oral arguments on the Penn Forest zoning hearing board’s preliminary objections to Atlantic Wind’s suit requesting that the Carbon County Court of Common Pleas order a change of venue and appoint an independent hearing officer to replace the zoning board hearing its application for a wind turbine farm in the township.

Zoning board attorney Matt Rapa did not object to the change of venue but said there was no precedent for the court to grant the applicant’s request to appoint an independent hearing officer.

Atlantic Wind’s counsel argued that in light of the threats made, mainly on a private Facebook page, that the zoning board members could not be fair and objective and that the applicant was being deprived of its right to due process.

Serfass questioned whether the applicant would have the same problem even if an independent hearing officer was appointed by the court. Serfass gave Rapa 14 days to file any additional case law in support of the zoning board and gave Atlantic Wind seven days to respond.

The earliest a decision would be made would be sometime in mid to late January.

Source:  Judy Dolgos-Kramer | Times News | December 20, 2016 | www.tnonline.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 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 to query/wind-watch.org.

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