Falmouth Wind Turbines; Court System ...

Falmouth Wind Turbines; Court System Betrayal of Trust

Posted in the West Dennis Forum

Jack Kelly

Jamestown, RI

#1 Nov 16, 2013
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.

sue hobart

Monomoy Island, MA

#2 Nov 16, 2013
Let's not jump to the wrong conclusions just yet. Judge Muse has not made his rulings yet, simply attempted to get both parties to speak with one another and attempt an agreement. Obviously the Town of Falmouth is being disrespectful of his authority. It's time the town managers,selectmen and board of health members be compelled into his courtroom to explain their behavior and rationale. Enough of this in fighting stuff... get all parties in the same room and hash this out with someone that actually respects and is charged with UPHOLDING the laws of the land.
Gloves off time to DEAL with this issue.
Union Negotiator

Monomoy Island, MA

#3 Nov 16, 2013
It would seem, if the Court was encouraging a temporary mitigation agreement, the Court expected each party's negotiator to have the authority to make binding agreements. The Falmouth Town Counsel, if not authorized to enter into any agreements, ought have advised the Court. Not doing so, conscientiously or due to ignorance, is an abhorrent breach of 'good faith' negotiations.

Ashfield, MA

#4 Feb 4, 2014
very strange

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