The Legal Fun and Games Continue....There has been at least one prominent case of turbine developers being sued in the UK, by a couple in Lincolnshire. That was settled for an undisclosed sum out of court. But in America, the legal quagmire that wind development has brought with it has been going on for some time, and looks set to continue for many years to come...
Twenty More Clearview Neighbours Join Forces to Support Legal Action against Wind ProjectNo longer is the recent Wiggins legal action against WPD’s proposed Fairview wind development and the turbine lease holder Beattie Brothers Ltd. a David vs. Goliath challenge.
As a result of multiple meetings held in Collingwood with Eric Gillespie, lawyer for John and Sylvia Wiggins in their initial turbine lawsuit, twenty (20) more local Clearview landowners have become participants in two separate collective actions opposing the wind proposal. The claims are for alleged property devaluation and loss of use and enjoyment of the plaintiffs’ lands. (Our emphasis)
The first group is comprised of fifteen (15) additional landowners who are now also proposed plaintiffs in the Wiggins action, brought against WPD and Beattie Bros Ltd. for lands north of Highway 91, who intend to host six (6) turbines. A second action has also been started to the south, brought by five (5) more landowners in a lawsuit against WPD and another Beattie family, Ed Beattie & Son Ltd, who intend to host two (2) turbines.
According to John Wiggins, "All of these landowners near the proposed wind turbine development are clearly upset that 50 storey turbines are being foisted on them arbitrarily. These groups are establishing a model that other groups across Ontario will now be able to follow. A snowball effect that wind companies, landowners and the Ontario government should take note of."
Lawyer Eric Gillespie states, "The landowners who signed contracts to host wind turbines on their lands are being held liable, as well as the wind developers. These claims are based on established legal principles and there appears to be precedent for these claims in Ontario."