Falmouth A Betrayal of Trust & Treac...

Falmouth A Betrayal of Trust & Treachery Wind Turbines

Posted in the Falmouth Forum

Jack Kelly

Jamestown, RI

#1 Nov 16, 2013
Falmouth Massachusetts ; Barnstable Superior Court

Falmouth Wind Turbines; Court System Betrayal of Trust

The Massachusetts Superior Court was supposed to promote the rule of law and foster public trust by leading an independent judiciary that assures every person including victims of Massachusetts commercial megawatt wind turbines equal access to the fair,timely and impartial resolution of disputes in courts managed with efficiency and professionalism.

On November 7, 2013 Barnstable Superior Court Judge Christopher J. Muse was faced with placing a preliminary injunction that would have shut down the Falmouth wind turbines 24 hours a day until a hearing November 21, 2013. No preliminary injunction was enforced and the judge allowed the plaintiffs to walk out of Massachusetts Superior court with a pat on the back and a kick in the pants.

The turbine neighbors have been waiting years to get some kind of relief from the wind turbine noise,lack of sleep and nuisance.Barnstable Superior Court Judge Christopher J. Muse congratulated the two sides on the agreement to shut the turbines 12 hours a day from 7 PM to 7 AM. The turbines continue to spin today unabated in spite of the agreement . A serious question of misjudgment or an agenda.

Barnstable Superior Court Judge Christopher J. Muse said during the court proceedings the wind turbine abutters have been injured in some way. They are still being hurt today.

One week later in a betrayal of trust and an act of treachery the Town of Falmouth will not honor the Barnstable Superior Court agreement because it wasn't in writing and the town representatives didn't have the authority to make any agreements. The Massachusetts Superior Court has had over a week to take action but has done nothing.

It's obvious there are serious and outrageous lapses in judgment and actions to let two parties walk away from Barnstable Superior Court with a hand shake and keep the turbines spinning as the Town of Falmouth wanted.

It's obvious to the most casual observer that the Massachusetts Superior Court is siding on the side of commercial megawatt turbine projects not only in Falmouth but has a state wide agenda the same as Governor Patrick and the renewable energy goal of 2000 megawatts of renewable energy by the year 2020.

Union Negotiator

Monomoy Island, MA

#2 Nov 17, 2013
Is Falmouth really negotiating in good faith?

The larger picture of Falmouth’s Wind predicament is that the community is realizing that no home or small business is safe. Our local public officials, mentored by a despotic state administration, believed they can sell a marginal benefit,(or more accurately… avoid a fiscal burden), to the general public by taking properties of some residents.

Even with just compensation to the residents for homes, one fiscal burden may be replaced by another.

To reach a final settlement regarding the injunction, Falmouth’s Town Counsel, Frank Duffy, has stated that neighbors will have to submit a list of proposed actions to the town that residents believe will end all outstanding zoning and nuisance claims. Many residents will likely want their properties purchased. According to the Wind Turbine Options Process’s professional acoustic consultants, that could mean 20 – 40 homes. So, the residents that want their homes purchased, do have legitimate standing.

Town officials will surely plead financial hardship to the Court, while the “chicken little – the sky is falling” Friends of Falmouth Wind will contend that municipal services will disappear, taxes will go up and life as we know it will end.

In the end simple fairness should decide this injunction matter. It’s wrong for Falmouth to impose the costs of public good (if any) on adversely impacted individual property owners. If the town wants the wind turbines badly enough, a fair way to get them is to pay the owners for their properties, and be done with all outstanding zoning and nuisance claims. That’s the American way. If it’s right for individual parties in real estate transactions, it’s certainly right for Falmouth town hall too.

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