Friday, June 04, 2010

Couple settle lawsuit on wind turbine noise

HOLLIDAYSBURG - The lawsuit between a Blair County couple and a company that operates Allegheny Ridge Wind Farm has been settled.

"All I can say about the resolution is that it's confidential," Pittsburgh attorney Bradley S. Tupi said Thursday. "I can't talk about the settlement."

Tupi represented Todd and Jill Stull, the Portage RD couple who sued in May 2008, complaining that the wind turbine noise had destroyed their quality of life.

They moved to the Juniata Township farm in 1992, and the turbine farm, which borders their property and spans five townships, went into operation in 2007.

The court case between the Stulls and Allegheny Ridge Wind Farm LLC was on track for a jury trial in July before Blair County Judge Daniel Milliron.

Tupi recently filed the decision on the settlement, with no details, at the Blair County Courthouse.

Allegheny Ridge attorney Jason Richey, who has been contesting the complaints and challenging the Stulls' requests for information, filed nothing at the courthouse regarding the settlement.

Richey and the Stulls did not return phone calls for comment.

Everyone involved in the case has agreed to the confidentiality clause, Tupi said.

The Portage Township supervisors were aware of the settlement and its confidentiality clause.

"The township didn't have to pay anything," Supervisor Kenneth Trimbath said. "This was between [Allegheny Ridge] and the Stulls."

The township paid about $420 in legal fees to attorney Walter Wall in connection with the lawsuit. It called the money well spent.

"We had our lawyers involved to keep us out of it," township Manager Bruce Brunett said, "And it worked."

Juniata Township supervisors previously tried to help resolve the Stulls' complaint by working with the wind farm operators and then by hiring an independent company to measure the turbine noise.

But after the study came back showing the wind turbine noise lower than levels permitted by ordinance, solicitor Michael Routch advised supervisors that the township was not in a position to do more.

Other Juniata Township residents, in addition to the Stulls, have complained about turbine noise from the Allegheny Ridge Wind Farm.

"Tell them to contact me," Tupi said.

Mirror Staff Writer Kay Stephens is at 946-7456. Staff Writer David Hurst is at 946-7457.

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