Foley Hoag Wins Judgment Allowing Two Southeastern Mass. Wind Turbines to Continue Producing Sustainable Energy

Bristol Superior Court Sides with Foley Hoag Client Fairhaven Wind and Town Officials in Dispute Over Municipal Clean Energy Project

June 4, 2014

Foley Hoag LLP recently helped secure a court judgment for its client Fairhaven Wind LLC, clearing the way for continued operation of two 1.5 megawatt wind turbines that supply sustainable energy to the Town of Fairhaven.

Following a seven-day trial in Bristol Superior Court, Justice Angel Kelley Brown rejected all seven causes of action in the complaint filed against both Fairhaven Wind and the Town of Fairhaven by a group of neighbors, who had sued to shut down the turbines. Foley Hoag associate Tad Heuer was lead trial counsel for Fairhaven Wind, assisted by partner Robert S. Sanoff.

Opponents had challenged the validity of the building permit for the wind turbines, and claimed that a sound study conducted by Fairhaven Wind’s acoustic consultant did not meet legal requirements.

The Foley Hoag team successfully defended both the building permit and the sound study. Justice Kelley Brown ruled that Fairhaven Wind’s wind turbine sound study was valid and that Fairhaven’s building inspector had properly issued the building permit for the project.

“The court confirmed that Fairhaven Wind and town officials acted well within the law and with the community’s best interests in mind,” Heuer said. “This ruling ensures that Fairhaven Wind can continue to help the Town of Fairhaven meet its municipal electricity needs in an environmentally-responsible manner.”

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