Fayette county zoning officials who allowed four wind turbine companies to illegally erect and operate three turbines outside of Fairbank have been found in contempt of court, along with the wind turbine companies.
The Fayette County Zoning Board of Adjustment and Zoning Administrator Catherine Miller did not follow the court’s order requiring the companies to tear down the turbines, nor did the companies take action to follow the order, Judge John Bauercamper concluded in a June 11 ruling.
Instead, the companies, collectively known as Optimum Renewables LLC, appeared before the board of adjustment on Tuesday night seeking a variance from the zoning rules, which have since been changed to allow such construction and operation.
Judge Bauercamper said he is giving the parties “an opportunity to purge their contempt” by complying with the prior order of the district court.
At minimum, the ruling says, the companies are required to stop the wind-generation operation by the end of June, procure contracts from qualified contractors who could remove the turbines within 180 days and pay for the removal, which is estimated to cost $150,000 per turbine.
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