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Falmouth Sues Over Wind Turbines

Falmouth Wind Zone 200 Homes
Falmouth Wind Zone 200 Homes
 Falmouth Select Board files another Lawsuit : What can they possibly be hoping to achieve by doing this?  

Falmouth BoS has already lost the Andersen and the Funfar nuisance rulings and appeals at the ZBA and has lost in the preliminary round of the Andersen case in Superior Court, since the judge in that case granted the temporary injunction and determined that the Andersens stand a good chance of prevailing in their suit.  Why should the BoS believe that the court determination in the Funfar case will be any different than in the Andersen case? 

Furthermore, it is extremely unlikely that any court would overturn the nuisance rulings, or the ZBA appeals, except on procedural grounds, as it is rare for a court to overturn these decisions by disagreeing on the merits of the case.  In fact, just the opposite has happened with Andersen: the court not only agreed with the ZBA but amplified and confirmed the support of the Andersen point of view regarding the nuisance and the irrevocable "physical and psychological harm" to Andersen, et al, from the wind turbines.

All of these adjudicatory bodies have found that the wind turbines impose harm on some residents.  The Falmouth BoS has admitted this point publicly, by expressing their "sympathy," by curtailing the hours of operation and by voting, initially, to recommend removal of the wind turbines -- to remove the source of the harm.

Now, the Falmouth BoS is essentially suing its own municipal boards and agencies, and the residents, in opposition to the preliminary findings of the court, in order to assert an implicit right to harm its own citizens for monetary gain!

There is no other way to look at this:

1. The BoS agrees that they are imposing harm.

2. The BoS is asserting its desire -- and its right -- to continue imposing harm -- including substantial "nuisance," loss of property values and dire adverse health impacts -- on its own citizens and claims that it feels obligated to do so because it must defend the monetary interests of the Falmouth taxpayers who are not subjected to harm by the Town of Falmouth.

This is absurd.  It is illegal.  The explicit and implicit claims by the Town of Falmouth are completely without foundation.  The Town of Falmouth does not enjoy any statutory right to harm its own citizens, no matter how profitable it is to run the wind turbines or how significant the losses from shutting them down.

Falmouth -- the Town of Falmouth -- the Falmouth BoS - is the owner / operator of the wind turbines and the developer that evaluated and installed the project. 

It is Falmouth -- Town of Falmouth -- the Falmouth BoS -- that must be held accountable for these gross errors in judgement in planning the project and the faulty execution of the plan. 

It is the Town of Falmouth -- the Falmouth BoS -- that must also accept the financial consequences of refraining from any further imposition of harm upon Falmouth residents -- ANY Falmouth residents -- from the operation of this project. 

If the project cannot be operated safely, or without unjustly depriving other residents of their inherent right to the reasonable use and enjoyment of their property and the basic right not to be subjected to such a significant public health risk at the hands of their own town, then they must be removed.

There is no other choice because any "choice" that requires, or allows, the Town of Falmouth to compromise the health of its own residents, or to violate their fundamental rights under the constitution and their traditional property rights, is illegal.  These "choices" which the Falmouth seeks to assert are illegal.  Period. 

The Falmouth BoS has lost -- and will continue to lose -- these cases because the Falmouth BoS has asserted, and continues to assert, an illegitimate claim that can never be defended.

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