Windmill lawsuit settled: Noise level at issue for
wind farm on Cambria-Blair border
Jun 07 - The Tribune-Democrat
A civil trial scheduled in Blair County for July has been canceled after
both sides in a lawsuit over wind turbines in the Route 164 area
overlooking Portage Township was settled.
Parties involved in the May 2008 lawsuit filed by a Blair County doctor
and his wife would not comment on the case nor discuss terms of the
settlement.
"The matter's been resolved," was the only statement Pittsburgh attorney
Bradley Tupi would make Friday.
He refused to discuss terms of the settlement.
Tupi filed the civil suit on behalf of Todd and Jill Stull of
Juniata Township about two years after the Allegheny Ridge Wind Farm
went into operation. The turbines are located in Portage Township in
Cambria County and Juniata and Greenfield townships in Blair.
Gamesa spokesman Kurt Knaus said the company had no comment on the
settlement.
The farm was developed by Gamesa Energy USA and later sold to Babcock &
Brown.
The Stulls live on a farm about a half mile from the closest windmill.
They alleged that the turbines create noise similar to aircraft.
The noise has caused sleeplessness, anxiety and stress, they said in
their lawsuit.
Much of the civil battle has been over allegations of what Gamesa
representatives may have said regarding noise levels when
working with municipal officials in developing a siting and operation
ordinance.
While Portage Township Supervisor Kenneth Trimbath could not provide any
details about the settlement, he said it involved no financial
commitment from the township.
"The settlement had nothing to do with us," Trimbath said.
However, the lawsuit did create some expense for township residents.
In 2009, at the suggestion of township Solicitor C.J. Webb, the Portage
supervisors hired Blair County attorney Walter Wall to represent the
municipality and keep it from being pulled into the litigation.
"It was about keeping us out of it," Trimbath said. "We provided a lot
of minutes. We provided a lot of information. We had legal fees and
secretary time."
Wall was paid less than $500 for his services, township officials said.
A decision on the settlement was filed at the Blair County Courthouse by
Tupi with no details.
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