Suit's dismissal may clear way for wind farms

"It sets an important precedent that you just can't be opposed to a project because you don't like it," said Frank Maisano, a spokesman for NedPower Mount Storm, whose wind turbine project is being purchased by Shell WindEnergy. "It's a huge victory for us, and it's a message that will resonate throughout the region."

Circuit Judge Phil Jordan told Grant County property owners that the state Supreme Court has ruled on the $300 million project already, and that he doesn't have the power to overrule the court.

In their lawsuit, seven Grant County residents allege the wind project will be a nuisance and reduce property values. Their attorney, Richard Neely, said that wind project opponents plan to appeal the judge's decision to the state Supreme Court. Neely called Jordan's ruling "fabulously erroneous".

"The Supreme Court will understand this when I explain it to them. These wind farms are not regulated public utilities. "They don't serve West Virginians," he added. "They're not an integral part of the power grid. They are not a viable source of power." Grant County residents also allege the project will spoil mountain views, create excess noise, hinder real-estate development, and kill bats and birds.

The project will stretch across 8,000 acres of mountain ridges.

"People are going to be impacted by this," said Linda Cooper, president of Citizens for Responsible Wind Power. "Some of these people live a quarter- mile from the turbines. There are significant problems here." The state Public Service Commission approved the 300-megawatt project in 2003. But the project stalled because of the lawsuit.

Residents had previously appealed the PSC order to the state Supreme Court, which upheld the PSC's decision. Tim O'Leary, a spokesman for Shell WindEnergy, said the judge's decision supports the "bedrock principle" that PSC orders are binding and can't be overturned in state court.

"To rule otherwise, would mean the PSC is without jurisdiction," O'Leary said. Wind proponents said the Grant County project will create jobs and provide additional tax revenues to the county. "It's a good project," Maisano said.

"It's good for Grant County. It's good for West Virginia. And it's good for the environment in general." Three other wind projects are proposed in West Virginia. US WindForce wants to build an 89-turbine project on 12,000 acres in the Mount Storm area of Grant County. The company also wants to build another 50-turbine project on Jack Mountain in Pendleton County.

Meanwhile, Invenergy Wind has asked the PSC to approve a 124-turbine project in Greenbrier County Those projects, along with Shell WindEnergy's project, would increase the number of wind turbines in the state from 44 to 457.

Florida Power and Light operates a 44-turbine wind farm in Tucker County, the only existing wind project in West Virginia.