County seeks dismissal of turbine appeals

Motions to dismiss two court petitions against the county’s new wind turbine ordinance were filed Wednesday in superior court by Prosecutor Denis Tracy. The motions ask the court to dismiss the petitions of Carolyn Kiesz of Thornton and Roger Whitten of Oakesdale which were filed before the ordinance was approved last November.

Both petitions contest a ruling by the county planner, prior to the adoption of the ordinance, that the draft proposal of the ordinance did not require an environmental impact statement under the State Environmental Policy Act.

Alan Thomson, county planner ruled the proposed ordinance would have a non-significant impact and would not require the environmental impact review.

The petitioners contended the ordinance would have an impact. Among points of contention was the type of standard to measure noise level which was listed in the ordinance draft.

Prosecutor Tracy’s motions to dismiss argued the petitioners have failed to list an immediate and concrete injury that would result from the ordinance. He argues the ordinance was passed to establish “a more extensive framework” for the county to use when considering any future applications to install commercial wind turbines. Any future project would be subject to specific review and the petitioners would be able to file for an impact study at that time if they believed they would be specifically impacted by the proposed turbine project, the motion states.

Tracy also argued the petitioners have failed to file against the ordinance which was eventually approved. He contended state law requires an appeal of the SEPA process also requires an appeal of the ordinance which eventually evolves.

He has asked the court for a hearing March 4 on his motions to dismiss.