On March 20th, 2012, the Maine Superior Court denied a motion by Vinalhaven windmill operator Fox Islands Wind LLC, seeking dismissal of the appeal filed last July by aggrieved neighbors of the 3 turbine windfarm. A major issue of the Fox Islands Wind Neighbors was the chronic & objectionable noise created by the three Vinalhaven turbines (5 minute mp3)
The company claimed that the State Court had no jurisdiction to hear an appeal of the decision made by Commissioner Patty Aho of Maine DEP, who declared in a "Conditions Compliance Order" that the company was in compliance. The company cited MRSA 35A: 3456
"....Notwithstanding any other provision of law, the department's certification pursuant to this section regarding a development that does not otherwise require the department's approval pursuant to this Title is not itself subject to judicial review as final agency action or otherwise"....
In her decision, Superior Court Justice Michaela Murphy agreed with FIWN, however, that the Conditions Compliance Order issued by Aho was itself an enforcement action, and was not the certification itself. Therefore 35A sec 3456 doesn't apply, and the Court has the right to review the issue.
MOTION DENIED
