Wind critics optimistic about future lawsuits

legal-scale-of-justiceThe Saachem
A recent Superior Court decision in late April has possibly given homeowners an edge in fighting Industrial Wind Turbines in their area. That’s at least what lawyer Eric Gillespie and some Haldimand County residents believe. Gillespie represented the Wiggins in Clearview Township when the couple took wind company WPD Canada to court. They claimed that they listed their 48-acre property for sale, and when the wind project was announced, all interested potential buyers disappeared. In this case, the plaintiffs had filed appraisal evidence to indicate that the property had devalued by between 22 to 50 per cent or more because of the wind project.

The evidence submitted also included evidence from a medical doctor stating that the project could cause adverse effects including sleep disturbance, headache, dizziness, vertigo, nausea, problems with concentration/memory and panic episodes. The Ontario Superior Court of Justice dismissed the case and ruled that the group couldn’t fight the project until it received its Renewable Energy Approval (REA) from the Ministry of Environment, but accepted the evidence into the record, as unchallenged by the wind company. The wind company in that case had stated that if a trial did proceed, the wind company planned to dispute the plaintiff’s claims.

Gillespie said the result of that particular lawsuit is a win for homeowners.  He stated that the court decision has done two things, which included accepting the evidence that turbines devalue properties by 22 to 50 per cent as well as opening the door for homeowners to file claims against turbine companies and the landowners who sign the agreements with the companies. Read article

16 thoughts on “Wind critics optimistic about future lawsuits

  1. Please fix the ‘read article’ link above as it actually leads to the ‘There are still problems to resolve’ article. Thanks.

  2. Mayor Hewitt – crafts a defense strategy – in his right mind.

    ‘[excerpt] Others in the community are not so optimistic that the lawsuits will be successful.

    “Property values and health issues are items that are difficult to quantify,” said Mayor Ken Hewitt, adding that property values fluctuate day-to-day, and proving that something has an impact on health is hard to do.

    “I think that the province along with the different ministries are going to be faced with a number of different lawsuits. Some of them will be valid and some will not be valid,” he said. “The windmills are going up, and ultimately, if people, through the courts, can successfully prove their property values are adversely affected then I guess good on them. That’s their right to exercise if they choose to.”

    One message that the mayor was clear on was that the county would not set aside the money collected from the wind companies that form the Community Vibrancy Fund (CVF) for such claims made by homeowners.

    “That’s not going to happen. That’s not the intent behind the agreement. If an individual has cause to launch a lawsuit then that will be up to that individual to do that. This agreement was not crafted to launch lawsuits,” said Hewitt.

    He said, “The spirit of the agreement is to help the community as a whole,” which could include accelerating road construction in rural areas directly affected by the turbines.’

    Go Gillespie!

    • To take advantage of this amazing offer –
      have your credit card ready.

      ‘{excerpt] He said, “The spirit of the agreement is to help the community as a whole,” which could include accelerating road construction in rural areas directly affected by the turbines.’

      Is this a miscalculation?

    • Life should be better!
      We deserve great service – in Ontario.

      Donald Trump begins wind farm legal challenge
      ‘{excerpt} It claims: “The appearance of financial involvement of the respondents in the application, their apparent pre-existing policy support, the comments of the Minister (Alex Salmond) which appeared to be in support of the development, the decision not to hold a public inquiry and the short time taken to consider the (Marine Scotland) report before issuing the decision each, and in combination, raise in the mind of a fair minded and informed observer that in the determination of the application there was a real possibility that the decision- taker was biased, not impartial or approached the decision with a closed mind.”

      ‘Legitimate expectation’……….’
      https://www.wind-watch.org/news/2013/05/16/donald-trump-begins-wind-farm-legal-challenge/

      Go Gillespie!

  3. One thing that can be quantified is whether or not IWTs work! That is whether or not IWTs will produce the electricity that the developers claim that IWTs will produce.
    The burden of proof is on the developers to prove their claims and not on those that they want to sell these horse & buggy contraptions to.
    The seller has to prove their claims and not the buyer.

  4. Property values might be hard to quantify but what the total decine in tax revenues for any given town are not hard to quantify.
    Just take the total tax revenues for the year and multiply that number by 1/4, 1/3, 1/2 to arrive at the loss of tax revenues per year due to IWTs.

    • Mayor Hewitt – anytime the moment feels right –
      unless reading gives you a rash – seek immediate help…….if not,
      The topic is health and property values;
      and, the evidence keeps coming in………………..

      ‘[excerpt] “Property values and health issues are items that are difficult to quantify,” said Mayor Ken Hewitt, adding that property values fluctuate day-to-day, and proving that something has an impact on health is hard to do.’
      http://windturbinepropertyloss.org/site/

      Trust government?

      • But the taxes on real property don’t fluctuate everyday!

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