As for the hearing Monday, this was written by Steven R. Reed in the LSJ. Yes, appeal away!
ST. JOHNS — A Clinton County judge is trying to address confusion among lawyers about his ruling last month over a $120 million wind farm project.
Clinton County Circuit Judge Randy Tahvonen reiterated Monday he had stricken height, noise, setback and shadow flicker restrictions in his July 30 ruling on the project from ordinances adopted by three townships that want to mitigate the impacts of the project on their rural constituents.
But other aspects were not resolved.
“This order … does not close this case,” Tahvonen said.
For Grand Rapids lawyer Jon Bylsma, representing the project proposed by Chicago-based Forest Hill Energy, “there’s still not resolution” regarding the effects of “15 other parts of those ordinances that we would view to be zoning.”
The project calls for 39 turbines, each of which would be 427 feet tall at the highest point in the rotation of turbine blades. Tahvonen ruled in July that zoning is controlled by the county, not by the townships. The project meets county regulations.
“If there’s a way to address those (15 other points) and move forward with this project in a way that has people stop spending money on lawyers, then we’re all for that,” said Bylsma.
If agreement cannot be reached with the townships, Bylsma said he would file a motion seeking to invalidate the remaining provisions of the ordinances.
“If allowed to stand, this ruling will not only throw out the three township ordinances but will change the relationship of counties and townships throughout Michigan,” said Ken Wieber, a farmer and senior policy adviser to Clinton County Wind Watch, which is encouraging Essex, Bengal and Dallas township boards to appeal Tahvonen’s July ruling.
Wednesday, August 28, 2013
Thursday, August 22, 2013
Hearing on Monday at 1:30
Just a reminder that the hearing on the motion to settle the recent order issued by Judge Tahvonen is Monday, Aug 26 at 1:30 p.m. in the Circuit Court Courtroom on the fourth floor of the Clinton County Courthouse.
It would be great if we could have a large showing of people to let them know we are fighting to protect our residents.
Please let the residents of all three townships know about this hearing. Thank you!
It would be great if we could have a large showing of people to let them know we are fighting to protect our residents.
Please let the residents of all three townships know about this hearing. Thank you!
Monday, August 19, 2013
Essex Township meeting is Wednesday, August 21
The Essex Township Meeting is Wednesday, August 21 at 7:00.
It will be held in the Maple Rapids Community Center at 209 W. Union St., in Maple Rapids.
Please attend if you are able. Thank you.
It will be held in the Maple Rapids Community Center at 209 W. Union St., in Maple Rapids.
Please attend if you are able. Thank you.
Hearing scheduled
The hearing on the motion to settle an order is on Monday, August 26 at 1:30 p.m. in the circuit court courtroom on 4th floor of the Clinton County Courthouse.
There is a possibility the hearing time could be changed, so please check the blog for an update before attending.
We won't be able to change the ruling, but we may be able to change the headline in the story. Please attend and make your voice heard.
There is a possibility the hearing time could be changed, so please check the blog for an update before attending.
We won't be able to change the ruling, but we may be able to change the headline in the story. Please attend and make your voice heard.
Interesting quote ...
What Judge Tahvonen said in dicta while issuing his opinion from the bench:
"Don't think that I am so naive I don't understand what's driving this case. Part of what's driving this case, a consideration in the back, at least, of somebody's mind just before they fall asleep at night, is money. Plaintiffs*, in their own brief, say: 'Landowners who have these structures on their property, as allowed by the special use permit, will realize millions in revenue streams. And maybe their neighbor will recognize some diminution in the value of their property.' " (Excerpt of Court's Opinion, Motion for Summary Disposition, July 30, 2013)
*Plaintiffs are Forest Hill Energy Fowler Farms, LLC
"Don't think that I am so naive I don't understand what's driving this case. Part of what's driving this case, a consideration in the back, at least, of somebody's mind just before they fall asleep at night, is money. Plaintiffs*, in their own brief, say: 'Landowners who have these structures on their property, as allowed by the special use permit, will realize millions in revenue streams. And maybe their neighbor will recognize some diminution in the value of their property.' " (Excerpt of Court's Opinion, Motion for Summary Disposition, July 30, 2013)
*Plaintiffs are Forest Hill Energy Fowler Farms, LLC
Monday, August 5, 2013
What comes next - meetings
From Lori Pung:
As you may know, Judge Tahvonen ruled last week that the PPOs put in place by Dallas, Bengal and Essex Townships were not valid and can not be enforced.
So, what does this mean to us? This means that our fight is not over. Yes, this is not what we wanted to hear, and yes, this is a setback, but we do have options.
One of the options is to file an appeal and that is what we need to ask our townships to do. Now, more than ever, we need to go to the township meetings and demand that an appeal be filed. We can't let this ruling be the final say. We've worked too many years to give up now. We must all attend the following meetings in August and encourage all three township boards to file an appeal. Our PPO can hold up...it just needs to get to a different court.
Please attend all of the meetings if you can. Please forward this information on to all township residents via email, text or phone calls. I encourage you to get the word out and let's get these halls FILLED. Numbers speak volumes.
There is a special meeting tonight for Essex Township. Please see info below regarding that meeting and also the dates/times of the other township meetings this month with the first being in Fowler tomorrow night!
Dallas Township Meeting, Tuesday, August 6, 2013 7:00 - 225 S. Main Street, Fowler
Bengal Township Meeting, Wednesday, August 14, 2013 7:00 - 6586 W. M-21
Essex Township Meeting, Wednesday, August 21, 2013 7:00 - Maple Rapids Community Center 209 W. Union St.
August 5th Special Meeting information:
Township attorneys Frederick Lucas and Bill Fahey have requested a Special Meeting to discuss the Forest Hill Energy Complaint vs Essex Township. The meeting will take place on August 5th at 7:00 pm. The Community Center is being used at that time so we have secured the Village of Maple Rapids offices for the meeting. The offices are located at 118 W. Adelaide approximately three blocks North of the Community Center. This meeting will primarily be a closed meeting with public comment at the opening and closing of the meeting.
As you may know, Judge Tahvonen ruled last week that the PPOs put in place by Dallas, Bengal and Essex Townships were not valid and can not be enforced.
So, what does this mean to us? This means that our fight is not over. Yes, this is not what we wanted to hear, and yes, this is a setback, but we do have options.
One of the options is to file an appeal and that is what we need to ask our townships to do. Now, more than ever, we need to go to the township meetings and demand that an appeal be filed. We can't let this ruling be the final say. We've worked too many years to give up now. We must all attend the following meetings in August and encourage all three township boards to file an appeal. Our PPO can hold up...it just needs to get to a different court.
Please attend all of the meetings if you can. Please forward this information on to all township residents via email, text or phone calls. I encourage you to get the word out and let's get these halls FILLED. Numbers speak volumes.
There is a special meeting tonight for Essex Township. Please see info below regarding that meeting and also the dates/times of the other township meetings this month with the first being in Fowler tomorrow night!
Dallas Township Meeting, Tuesday, August 6, 2013 7:00 - 225 S. Main Street, Fowler
Bengal Township Meeting, Wednesday, August 14, 2013 7:00 - 6586 W. M-21
Essex Township Meeting, Wednesday, August 21, 2013 7:00 - Maple Rapids Community Center 209 W. Union St.
August 5th Special Meeting information:
Township attorneys Frederick Lucas and Bill Fahey have requested a Special Meeting to discuss the Forest Hill Energy Complaint vs Essex Township. The meeting will take place on August 5th at 7:00 pm. The Community Center is being used at that time so we have secured the Village of Maple Rapids offices for the meeting. The offices are located at 118 W. Adelaide approximately three blocks North of the Community Center. This meeting will primarily be a closed meeting with public comment at the opening and closing of the meeting.
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