Charges against wind companies upheld
By Phil Ray, pray@altoonamirror.comHOLLIDAYSBURG - A Blair County judge has upheld all but two civil charges brought against two wind companies by a Juniata Township couple, who have complained that 40 wind turbines on Blue Knob Mountain are noisy and cause light to flicker in their home.
Unlike Don Quixote de la Mancha, Dr. Todd Stull and his wife, Jill, are not simply "titling at windmills" in their ongoing lawsuit against Gamesa Energy USA and Allegheny Ridge Wind Farm, Judge Daniel Milliron said.
In a lengthy opinion, Milliron dismissed negligence and conspiracy claims against Gamesa, the Spanish company that produced the windmills installed two years ago in Juniata and Greenfield townships in Blair County and Portage Township in Cambria County.
Milliron refused to strike a charge of fraudulent misrepresentation against Gamesa and a similar charge, plus others, against Allegheny Ridge.
One of the Stulls' attorneys, Bradley S. Tupi of Pittsburgh, said the charges that were dismissed will not prevent the Stulls from presenting their case.
The next step will be for Allegheny Ridge and Gamesa to answer the Stull lawsuit.
Milliron ruled the crux of the Stulls' civil case is against Allegheny Ridge because it involves the operation of the wind farm as opposed to the construction of the wind turbines.
Allegheny Ridge once was va subsidiary of Gamesa, but in 2007, Allegheny Ridge was sold to Babcock & Brown, an international investment group.
According to the lawsuit, Gamesa and Allegheny Ridge made assurances during the planning stages for the wind farm that the turbines would not be noisy and that a 2,000-foot setback requirement would be enough to protect home owners against intrusion.
The Stulls say the resulting noise, vibrations and flicker have caused them to lose sleep and to suffer anxiety and emotional distress.
Allegheny Ridge denies the noise from the wind farm is excessive.
The civil case is important because state and federal energy programs emphasize the development of wind energy, but wind energy brings with it environmental damage to streams, and wetlands and animals, Tupi said.
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JackLewiston
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04-02-09 9:41 AM
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Hey 42Employlaw1981, I did some research. The Rush Limbaugh quote you refer to actually went like this: "Folks, this is what I've been saying. The liberal eco whackos are at it again. They'll have us all eating bark beetles and hippie dung in no time. Lest we forget, the Beverley Hillbillies, "Black Gold, Texas Tea". "Well the first thing you know old Jed's a millionaire. The kinfolk said Jed Move Away from there!" folks Im not saying oil's the answer, but as long as I live a breathe through these fat **** jowly cheeks, all I'm saying is this commie nigra president is going to make us all work in gulag wind tunnels like the do on Jupiter."
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42Employlaw1981
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03-30-09 10:04 AM
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GORDON: Obviously, we’re not going to be completely independent of foreign oil/fossil fuels (at least not anytime soon). However, even a minimal reduction in oil consumption would equal a reduction in tax revenue, which the government would have to find a way to offset somehow. I have a feeling “Joe” taxpayer would be the answer. I’m not saying that looking for alternative energy isn’t a good thing. What I’m simply pointing out is that “going green” won’t help the economy, other than creating a few specialized jobs because the government makes too much money off the tax of the energy.
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homerbeep
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03-28-09 6:57 AM
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gordon: Don't like Limbaugh? Change stations! With at least 80% of the mainstream media, magazines and newspapers endorsing Obama's election and legislative agenda, it's great to hear one of the few remaining opposing viewpoints to the "hope" and "change" mantra. If Limbaugh wasn't a genuine threat to Obama's administration, then the "fairness" doctrine advocates wouldn't be rattling their sabers, now, would they?
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gordon65
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03-27-09 11:17 PM
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Anyone who repeats Limbaugh's rantings no matter how civil they try to rework them wastes my time & everyone elses!!!
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gordon65
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03-27-09 11:15 PM
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42employlaw...once again Rush doesn't have a clue...we don't want to be "completely" independent of oil...we want to be less dependent of "foreign oil"!!! We have domestic oil as well as other forms of energy that provide revenue. If President Obama said today was Friday, Rush would disagree & declare today Sat somewhere in the world. Dittoheads need to turn off the radio,open a book AND their minds!!!!
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97neon
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03-27-09 8:00 PM
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Ninja Engima; The Stull's already get 40% of their electricity from nuclear power, as do most Pennsylvanians. The new nuclear reactor being added to the existing nuclear plant at Berwick will provide as much electricity as 2,000 industrial-scale wind turbines. France gets 80% of its electricity from nuclear, Sweden and Japan 75%, Finland 70%. The Green State of Vermont gets 80% of its electricity from nuclear. Industrial windplants are a joke!
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Jenkins
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03-27-09 7:45 PM
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Google this: Goodbye Mom...Goodbye Pop Nuff said.
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97neon
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03-27-09 7:10 PM
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If you are a Logan Township resident living near the proposed Chestnut Flats Wind Farm (Rt 36/ Avalon Rd area) you should prepare for the worst. Get decibel readings before they put in the turbines. You will need lawyers in the future. Perhaps you should sell your homes now before they are devalued. 6,000 industrial-scale wind turbines are required to produce as much electricity as one nuclear plant. PA has 5 nuclear plants which supply 40% of PA's electricity. Industrial windplants are bogus.
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Butler
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03-27-09 6:46 PM
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Reading the comments of the people who are defaming and/or ridiculing the Stulls reminds me of how many rude and ignorant people there are in the world. For God's sake, research something thoroughly before you spout off!
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timbre53
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03-27-09 5:33 PM
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they are a beautiful site across the mountains it is a up and coming thing i have been there and shut my car off and i never heard anything but the birds chirping and the trees rustling in the wind maybe sue God for there noise maybe its the traffic of the people trying to get a closer look at these giants u don't like but as you moved in there you can move out the county approve it the township approved it so deal with it
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Dorothy
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03-27-09 5:30 PM
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Why do wind companies take people to stand right under the turbine? That's because it's a dead zone for sound. The worst noise is in the winter at night, downwind from turbines - and no one visits turbines then. The Stulls are just two of a growing number of residents in NA who suffer debilitating effects from low frequency vibrations. Check out the literature from Europe. Turbines should be at least 1 mile away from the property line of non-participating residents. The World Health Organization recognizes the severity of noise pollution. Check out their guidelines.
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42Employlaw1981
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03-27-09 3:41 PM
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Rush Limbaugh made an interesting point. If we seek alternative energy in an effort to become less dependent on oil, the federal and state governments will lose valuable tax revenue because people are consuming less gasoline. Therefore, the government will raise taxes to offset the loss in gasoline tax revenue. It’s a vicious cycle. Now, I do agree investing in alternative energy is important for the future of the Earth and will create jobs, but its not the savior that I think the Obama administration thinks it is.
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sickntired
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03-27-09 1:51 PM
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gordan65, Yeah, you sound a little irritated because obviously you are experiencing the effects of noise at your place and thats awful. But would you feel better if others are suffering, too? Wind turbines don't save energy, conservation does. And wind turbines have no effect on foreign oil. Oil is used to generate less than 3% of the electricity in the U.S.
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gordon65
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03-27-09 12:58 PM
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I'd take a windmill in my backyard(literally)over a 24hr Walmart across the street(500ft not 2000ft)with blaring floodlights,a sweeper machine that runs from 11pm to 2am.,18wheelers that come in & out from midnight to 6am,not to mention drivers who sit @ the light,rev their motors,peel out at alarming accleration speeds making that "beautiful sound".EEEEEEEERRRRRRRR! Don't see me trying to sue Walmart(wouldn't succeed if I tried). At least with the windmills I would be saving energy,conserving the environment & contributing to less dependence on foreign oil!!! From what I understand this is a wealthy "doctor" who doesn't like his property value being affected by the windmills.Maybe he wanted to buy that land for his own development..hmmm.! You're a doctor..write a RX for Ambien!!!
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NRAREP
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03-27-09 12:50 PM
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Windmills............We need them. Looks like ordinances are on the horizon. Watch out for Zoning on the mountain tops. Wonder if this house is in a zone that is zoned for specific use. I never heard of this of mountain tops being Zoned......Stulls take a hike your just trying to milk Gamesa for what ever you can get and your legal beagles are just as greedy as you.
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sickntired
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03-27-09 12:42 PM
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Good for the Stull's. I can understand how some of you commenting on here don't get it. Most of the information that the media has been putting out is just a lazy repeating of wind company propoganda.
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BassetMut
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03-27-09 12:18 PM
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I don't get what all the fuss is about. I've stood directly beneath the turbines and I heard... nothing. All it comes down to is people don't like change and they will do anything in their power to avoid it... oh and lets not forget that they're trying to get money out of it. Typical. Wind turbines are a wonderful way of contributing to the environment. What do you do to contribute?
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ferndawg
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03-27-09 10:39 AM
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Yeah Tell them Aces20!! Tell them that we didn't have any issues with $4.00 a gallon for gas. Tell them that we don't want jobs here in the U.S. dealing with alternative energy.. Go on Tell them that we don't mind sending Billions to the rag heads in the Middle East. Ignor ANUS
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ferndawg
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03-27-09 10:02 AM
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Even Doctors can be ********... I can't believe that this is even going to trial. Wind makes noise but to harness it is causing us to loose sleep. Anxiety?? All of you "A" Typical retards in Blair county. Anything to stir the pot I guess. I'll tell you what, Keep digging for coal, destroying streams and water systems. Don't foget the pot holes that these trucks cause. All the run off and lastly air pollution. Thank god I left RETARD VILLE USA in Blair County!! Send the wind farms out here to Los Angeles. We'd be happy to use the electricity. DUMMY'S
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Reason
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03-27-09 9:15 AM
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Give me an orange, sulfur polluted stream any day! Can't have flickering lights.
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RonRude
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03-27-09 8:11 AM
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I hope they win, the wind turbines are a destruction to the enviorment.Gamesa and Allegheny Ridge made empty promise's for which they should pay for.
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Aces20
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03-27-09 7:56 AM
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Stupid wind companies are only a surviving business due to the state and federal money they get. Take away that taxpayer money, and those companies are doomed. GO GET 'EM, Dr. Todd and Jill Stull !!!
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OooohNoooo
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03-27-09 7:47 AM
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So Avalon Road residents have noise, vibration and flickering lights to look forward to? GREAT...
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Leprechaun
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03-27-09 7:22 AM
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Hooray! It's about time that the judicial system sticks up and works for the 'little guys.'
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