Barnstable Court Decision Recognizes Harm to Residents

In the ruling (FalmouthvFalmouthZBApreliminaryinjunctiondecisionandorder) issued November 21, 2013, Judge Christopher J. Muse ruled that the Falmouth turbines must shut down for 12 hours each night. According to the press release from Wind Wise Massachusetts,

“This is believed to be the first time that a Court in the U.S. has ruled that there is sufficient evidence that wind turbines near residential areas are a health hazard to families living nearby,” said Virginia Irvine, president of Wind Wise Massachusetts.

Judge Muse described the role the court has to balance harm. He found that the nuisance claim the Andersens brought to the Zoning Board of Appeals, which the ZBA affirmed, was likely to succeed and as a result, granted the injunctive relief of requiring the turbines to be off for 12 hours at night and on the holidays of Thanksgiving, Christmas, and New Year’s.

The court finds the Andersens’ claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that each day of operation produces further injury, to be credible.

Thus, the court must consider further injunctive relief that would have meaningful effect in the immediate future, in the absence of mitigation measures that may ultimately prove successful.

According to Falmouth resident Malcolm Donald, reporting on the hearing continued from 11/7/13 “Superior Court Upset at Falmouth Wind Turbines“,

…a Superior Court Judge told Falmouth Town Counsel, Frank Duffy, that he was very disappointed that the Town of Falmouth hadn’t abided by the November 7th agreement with Neil Andersen to run the wind turbines from 7 AM to 7 PM.   Judge Muse made it clear that when an agreement between parties is presented to him that he expects it to be enforced.  “Agreements stand as ordered” said the judge.