GARDEN — A judge decided Monday against a group of landowners on the Garden Peninsula in their lawsuit against the county on the legality of its wind turbine ordinance.
The group claims the Delta County Planning Commission did not properly establish its ordinance governing wind turbines in the county. Delta County Administrator Phil Strom told county commissioners last night that attorneys presented their case Monday before Marquette County Circuit Court Judge Karl Weber.
“He ruled the appellants did not have standing to carry forward their appeals yesterday afternoon. There are still some options for the appellants but it would be up to them if they want to proceed further appeals of that court decision,” Strom said.
The planning commission established new wind turbine rules last year after Heritage Sustainable Energy built 14 turbines on the Garden Peninsula. This year, the commission approved permits for 36 additional turbines based on those rules.
The lawsuit was originally files in Delta County Circuit Court. It was assigned to Marquette because the suit was against the county.
Another lawsuit remains in Delta County Circuit Court. A suit was filed last year against Heritage over adverse health effects. A similar case failed in U.S. District Court.