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Scituate residents drop turbine lawsuit against town officials

Posted by Jessica Bartlett  February 13, 2013 05:22 PM

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Scituate residents Lauren and Mike McKeever have dropped a lawsuit against the town, pending a full investigation of the town’s wind turbine.

The pair, who live within 600 feet of the machine and have some property within a commercial zoning district, brought a lawsuit against town officials in December, asking that a judge shut down the turbine.

A judge ruled in mid-January that the town had not finished its process for dealing with the turbine, and said it would be premature to act.

The residents subsequently chose to voluntary dismiss the lawsuit.

“It was dismissed without prejudice, which means that we can bring it back later if need be after the town issues a final determination,” said Tayna Trevisan, the McKeever's attorney.

The decision provided some relief to town officials, who are conducting a study on the turbine to discover whether the machine is operating within its permit guidelines.

“After the judge determined that the Board of Health was following proper procedures and there was no basis for an injunction, the McKeevers agreed to dismiss their lawsuit,” said Town Administrator Patricia Vinchesi in an email. “We have a duty to insure the turbine is operating properly and continue to believe that residents’ complaints concerning the turbine are being addressed properly by the Board.”

So far, after several months of discussion, the board has only decided on a scope of work for a study, but has yet to pick an engineer to do the job.

For more on this topic, see Sunday’s Globe South

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