County Judge denies appeals to stop wind farm

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A Lycoming Court judge has rejected three court appeals filed in an attempt to stop a proposed wind farm in northern Lycoming County.

In separate rulings, Court of Common Pleas Judge Dudley N. Anderson rejected:

An appeal filed by Arthur and Elke Plaxton seeking to overturn the county Zoning Hearing Boards's denial of the Plaxtons' challenge to a county zoning ordinance amendment allowing wind energy development in a resource protection zoning district.

An appeal by Frank M. Piccolella Sr. seeking to overturn the approval by the county zoning administrator of a zoning permit issued to the wind energy company, Laurel Hill Wind Energy LLC, to build a wind farm on a seven-mile section of ridgline in Jackson and McIntyre townships.

An appeal filed by a number of residents living near the proposed project seeking to overturn the county Planning Commission's approval of preliminary land development plans for the project.

"We're obviously very happy with the court's decision," said Robert Charlebois, managing director of Laurel Hill Wind Energy LLC's parent company Catamount Energy. "It's been an extraordinarily long process for us and we're excited to get about the business of completing the remaining permitting and getting the project built."

Piccolella's wife Judi said she and her husband intended to appeal Anderson's decision in Commonwealth Court.

The Plaxton appeal claims the zoning ordinance was illegal because wind energy development in a resource protection zone was not consistent with the spirit of a resource protection district. It also accused the commissioners of enacting the ordinance simply to circumvent an earlier judicial decision upholding the Zoning Hearing Board's denial of a special exception permit to the wind energy company.

Piccolella's appeal challenged technical aspects of the zoning permit application. He also asserted that he was denied due process during a hearing about the permit before the Zoning Hearing Board.

The third appeal, filed by the Plaxtons, Piccolella and his wife Judi, Mark and Pauline Facey, John E. Jr. and Beverly Brucklacher, and Gene and Dorothy Koontz, alleges a conflict of interest because the wind energy company's attorney, Thomas Marshall, is a partner in the local law firm McNerney, Page, Vanderlin and Hall, which also represents the county commissioners.

The wind energy company proposed the project more than 4 1/2 years ago. At the time, wind development was allowed in a resource protection zoning district only if granted a special exception permit by the county Zoning Hearing Board.

The company applied for such as permit, but after a hearing that lasted nearly a year and a half, the application was denied.

County Court Judge Nancy Butts later upheld the decision when the wind energy company appealed the board's decision.

County planning department staff then recommended a change to the zoning ordinance, which they said would "clarify" the ordinance as it pertains to wind development.

The county Planning Commission reviewed the proposed ordinance and recommended its approval to the commissioners. The commissioners then enacted the ordinance.