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Judge denies wind farm company injunction in Seneca County
Credit: By Jonathan Monk | WTOL | March 12, 2019 | www.wtol.com ~~
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Seneca County neighbors who don’t want to see a wind farm established in their community are calling a recent ruling by a judge a win.
When the Seneca Wind farm project started up a few years ago, they signed multiple leases with property owners in eastern Seneca County to survey potential turbine locations.
But now, those leases are up, ending last year.
But Seneca Wind still wanted to be let on those properties for more surveying and testing.
“Where they were going to be located, all those sorts of details. But now they know what the plans are. So, a meaningful number of lease holders did not want to renew their contracts, they wanted out,” said Greg Smith, member of the Seneca Anti Wind Union.
So Seneca Wind filed a legal complaint against dozens of lease holders, saying they were not being allowed on the property.
A visiting judge is overseeing the hearings, and has ruled that Seneca Wind hasn’t shown an emergency need for access, and has ruled that an injunction to allow access was not justified.
Now the deeper language of the contracts will be reviewed.
But members of the Seneca Anti -Wind Union are optimistic, as this is now the second ruling in this case that has sided with the property owners.
“Realize the judge ruled first to not grant the temporary injunction. And now he ruled in our favor for the actual injunction. So that’s two wins. And now the third piece will be the contract review as part of the trial,” added Smith.
Now that this case is ready to move into the trial phase, it is expected to possibly last months. Which could impact Seneca Wind’s application with the Ohio Power Sitting Board this spring.
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