Proposed wind power project stirs up a lawsuit

Time-Union Albany, NY ^ | 10 April 2003 | ELIZABETH BENJAMIN

[NYFriend]

A Massachusetts company's proposal to erect what was to be New York's largest wind farm appears to be stalled.

The company, Global Winds Harvest Inc., has not submitted a complete plan for the project in Cherry Valley, Otsego County. But that hasn't stopped the first lawsuit related to the proposal from being filed.

The suit does not directly challenge the plan for 43 1.5-megawatt wind turbines that would generate electricity on two ridges. Instead, a new landowner, author and Riverkeeper founder Robert H. Boyle and his wife, Kathryn Belous-Boyle of Cooperstown, are suing the property's previous owner and the real estate agent who handled the sale for allegedly concealing their knowledge of the proposed wind farm.

The suit, filed in state Supreme Court in Otsego County in March, maintains that the Boyles made it clear they wanted pristine land safe from development and environmental battles. They claim the sellers, John and Marilyn McGlynn, also of Cooperstown, and their agent, Glenford Hubbell, assured the Boyles on numerous occasions that the property they were purchasing in the town of Springfield met the criteria.

Only after closing on the property, Roaring Brook Farm, in April 2002 did the Boyles learn that the parcel next door was a potential site for 27 of the "massive" turbines, according to the lawsuit.

"The devastating visual, environmental and aesthetic impacts of these enormous structures on the market value of the property is perhaps only exceeded by their impact on the plaintiffs' use and enjoyment of the property," the suit states.

Adding insult to injury, the suit maintains, was that the Boyles had "carefully selected the property for its protected, pristine and scenic nature and ... a safe haven from the years of environmental battles that had dominated much" of Robert Boyle's time.

The Boyles are seeking return of the $495,000 they paid for Roaring Brook Farm, $80,000 for closing and moving costs and $2 million in punitive damages.

Their attorney, Michael G. Hayes, confirmed his clients oppose the wind farm, but added "that's not the nature of the lawsuit." He did not want to comment further.

Both the McGlynns and Hubbell have filed answers to the suit, denying the allegations.

At least one Cherry Valley homeowner who opposes the project sees the lawsuit as proof that a wind farm would not be a positive addition to the neighborhood.

"This supports our contention that the aesthetic value of this landscape is really important," said Andrew Minnig. "(Wind turbines) would cause so profound a disfigurement of our landscape here that it would wreak havoc with the idea of the highest and best use of the land."

[NYFriend]

Some people are never happy. It looks like wind power is not good enough for some environmental groups. Riverkeeper has been a big critic of nearly everything man-made that has approached the Hudson. Now the founder claims that this wind farm will not only lower the value of his property, but will also be the subject of "environmental battles" in the future.

[Support Free Republic]

She wants to look her best for her subjects.
>	Make a fashion statement. Donate Here By Secure Server Or mail checks to FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794 or you can use PayPal at Jimrob@psnw.com
STOP BY AND BUMP THE FUNDRAISER THREAD- It is in the breaking news sidebar!

[Indrid Cold]

I don't know what sort of deal they've got going, but here in MN farmers receive $5,000 per wind generator per year in rent. I'd hardly think that would lower the value of the land, especially if they wanted to keep it undeveloped in the first place.

[CROSSHIGHWAYMAN]

I'll bet these chumps would prefer an oil rig drilling on the property!

[Reeses]

years of environmental battles that had dominated much" of Robert Boyle's time.

There's someone you'd never want to sign a contract with. Credit reporting agencies should add a lawsuit involvement rating to their offerings, it would be a big seller. A lawyer from Berkeley should get the lowest rating.

[tcostell]

More limosine liberals complaining that the things they propose should only apply to "those people!".

[Free the USA]

http://www.freerepublic.com/perl/bump-list

[gaucho]

I would not mind buying hone 'next door' to a wind farm or a proposed wind farm so long as the business was a good neighbor, they would not stop or even try to stop me from placing (a) wind tower(s) on my own land to supply for my power 'needs,' to sell back what what I don't/didn't need, and I was not lied to about the property 'next door' being a wind farm or a proposed wind farm site.

Wind turbines can be pretty loud and have a constant noise that they produce. It's almost like having a constant running helicopter. This is one reason why the giant turbine farm being built in Scottland is located a few miles offshore. I think wind power is great, but I wouldn't want to live near those giant turbines.

[chimera]

There was a case of a landowner on the Jersey shore putting a wind turbine on his property. Not a bad spot, kind of breezy a fair amount of the time. His neighbors sued him because of noise pollution. It seems they bought their property with the idea of having the windows open a lot of the time during warm weather, to hear the soothing sounds of the surf and falling asleep to the "white noise" effect of the ocean. When the turbine was running, they got wop-wop-wop instead. The jury agreed and that turbine is history.

[gaucho]

I've been thinking about building a similar type of home. I was first exposed to the concept in the 80's by an artist, Roger Dean (known for Yes and Uriah Heap album covers in the 70's). He has some really cool designs that he has come up with over the years. Monolithic has certainly made it practical and feasible to build such homes.