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To: Wonder Warthog
'If ANYTHING becomes a big enough nuisance, be it visual or otherwise, to impact a significant number of people, they can vote to over-rule his "property right". This is settled law, and has been for quite a long time. '

Can you provide a source for that. I don't think its true. If true, the size of the nuisance and the number of people impacted would definitely figure in to the outcome of any litigation. In both cases, it would be small. The property likely has very few adjacent landowners. The impact of equipment in the distance would be negligible as well. Environmental activists making their complaints from hundreds of miles away would not figure in at all.

We have windmills here in WV. We also have a handful of really vocal opponents to them. Most of these opponents live hundreds of miles away and have never actually seen them. Other than these few opponents, most people think they look pretty cool.


103 posted on 02/05/2007 8:25:10 AM PST by FreeInWV
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To: FreeInWV
"Can you provide a source for that. I don't think its true."

Oh, please. People have been passing zoning laws of all sorts for over a hundred years. It's settled law and been appealed all the way to the Supreme Court.

"If true, the size of the nuisance and the number of people impacted would definitely figure in to the outcome of any litigation. In both cases, it would be small. The property likely has very few adjacent landowners. The impact of equipment in the distance would be negligible as well. Environmental activists making their complaints from hundreds of miles away would not figure in at all."

Doesn't matter how "small". If a majority of the guy's neighbors are opposed, they CAN force him to stop. If existing law doesn't prevent it, they can go to court and sue to stop him. Neither you nor I know who his neighbors are, or their opinions on the project. But if it were going up on a farm next door to me, you bet I'd be either in court or at the local county commission.

124 posted on 02/05/2007 9:53:59 AM PST by Wonder Warthog (The Hog of Steel-NRA)
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