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Wainfleet loses lawsuit — Court declares bylaw invalid and without effect

Dave Johnson — Niagara Advance — April 12, 2013

WAINFLEET – A Superior Court of Ontario judge has ruled Wainfleet’s two-kilometre setback for wind turbines invalid.

The decision came down Friday in the lawsuit brought about by Wainfleet Wind Energy Inc. and its owners the Loeffen family and Tom Rankin, head of Rankin Construction, after the township passed its setback bylaw last year.

The bylaw was an attempt by to supersede the Green Energy Act, which prescribes a 550-metre setback — the distance between a residential property and a turbine.

“I know there’s going to be a lot of disappointed people,” said Mayor April Jeffs, who called The Tribune after learning of the decision late Friday afternoon.

Jeffs, with obvious disappointment in her voice, said as much as people outside of Wainfleet think there’s no reason to be opposed to wind turbines and that green energy is good, residents in her township, and across Ontario, have genuine concerns.

“People are worried about their health, getting sick and having to leave their homes. They’re also worried about property devaluation,” she said, adding that, too, was one of her concerns.

Jeffs said some of the five wind turbines proposed by Wainfleet Wind Energy Inc. could have a potential impact on Skydive Burnaby.

“I feel like this is a loss for the people … they were really hoping we’d made some headway. It’s a loss not just for our residents, but for residents in Haldimand, West Lincoln and beyond.”  Continue reading, here….

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One Comment on “Wainfleet loses lawsuit — Court declares bylaw invalid and without effect”

  1. WainfleetWAG April 18, 2013 at 8:11 am #

    The ruling has come down on the Wainfleet Setback By-law Case. The Judge has ruled the By-law to be Invalid and without Force and Effect. The reasoning for the Decision hangs primarily on the “Vaguenness” of the definition of “Property” as found in the By-law. Nevertheless, the ruling sets a precedent for other Councils.

    from: http://www.wainfleetwag.com/2013/04/13/invalid-but-legal/

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