KINGSTON – A lawsuit filed by the Independence wind turbine operator against the town of Kingston alleging breach of contract is back in court.
Kingston Wind Independence, LLC, claims to be willing to settle for the $1 million limit set by the town’s insurance company and is giving the town a couple of weeks to agree to settle, according to Town Administrator Keith Hickey.
The original lawsuit sought more than $9 million from the town.
Hickey said Tuesday, March 22 that the town’s legal counsel has advised him that the filing is “baseless.”
“If there’s any breach in the lease agreement it was from KWI for not paying close to $1 million in fees for operating the turbine,” he said.
Kingston Wind Independence filed an emergency motion March 16 to appoint a special process server.
Hickey said conversations with legal counsel will be ongoing, and it’s his understanding that plans for turbine removal will go forward.
“Hopefully a month or so from now that will no longer be part of the scenic view from Kingston as you drive down Route 3,” he said.
Selectmen entered into an agreement with Kearsarge Kingston, LLC, of Boston, in December for removal of the turbine so the company can proceed with its plans for a solar array on the former town landfill.
Town officials are seeking a ruling from a Superior Court judge terminating Kingston’s lease and power purchase agreement with Kingston Wind Independence due to the company’s failure to pay rent and taxes to the town in an amount exceeding $1.1 million.
Officials are also seeking an order from the court to allow the town or its representatives to enter the property to decommission and remove the turbine that has been out of operation since November 2019.
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