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The Michigan State Court of Appeals has upheld a Delta County Circuit Court decision to dismiss challenges to zoning issues regarding the construction of wind farms in the Garden Peninsula.
The case began in 2018, when residents from Delta County brought up a case in Delta County circuit court challenging the Delta County Board of Commissioner’s decision to grant conditional use permits to Heritage Sustainable Energy and Heritage Garden Wind Farm for the construction of 36 wind turbines on land in Delta County’s Garden Peninsula.
These residents argued that the applications failed to comply with several county zoning ordinances. Specific violations brought up related to the noise, vibrations, light pollution, property values, aesthetics, and environmental concerns.
The Delta County circuit court ruled in Heritage’s favor, citing a lack of evidence from the residents that there was special damage to property owners.
The Michigan State court of appeals upheld the circuit court’s decision.
TV6 & FOX UP has reached out to both Heritage Sustainable Energy and The Delta County Board of Commissioners and has not yet received comment about what this means for the wind farm’s operations.
Click here to view the court’s full decision.
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