A Barnstable County Superior Court judge’s decision agreeing with the zoning board of appeals in deeming Wind 2 a nuisance—and ordering it shut down—is the most recent development to garner headlines.
Wind 1 powered down in 2015 after officials failed to earn a special permit from the town appeals board following another round of litigation brought on by abutters.
The next time selectmen are expected to meet is during a joint session with the planning board set for July 24—four days after the deadline.
Were selectmen to fight the ruling, the case would be heard in the Massachusetts Appeals Court.
The town is appealing a decision by the zoning board of appeals to grant relief to neighbor Neil P. Andersen, who successfully argued the two turbines constituted a nuisance.
A case pending in the Massachusetts Land Court revolves around the zoning board of appeals’ aforementioned decision to reject a special permit for operation of Wind 1.
The town is appealing that ruling, and a trial assignment conference is scheduled for September, Mr. Duffy said.
None have been scheduled yet, Mr. Duffy said.
A Barnstable Superior Court judge ruled in June that the effort had come too late in the process.
In Laird v. Falmouth Zoning Board of Appeals, the plaintiff argued officials needed to apply regulations approved since the construction of the turbines on a request for a special permit to operate.