Elliot Ferguson — Kingston Whig Standard – April 29, 2013
KINGSTON – Gail Kenney welcomed a court ruling last week that supports landowners’ right to seek compensation if their property values are lowered by wind turbines.
But she admitted the ruling will likely not help the couple’s property assessment battle.
Last Tuesday, the Ontario Superior Court of Justice dismissed a lawsuit by landowners seeking compensation for lowered property values caused by a proposed wind energy development.
The decision stated that residents could not sue for lost property values before a wind project is approved but they could pursue legal action once a project is approved.
“It is absolutely wonderful, the decision that came down,” Gail Kenney said Monday morning of the new court ruling.
“It’s a fair decision, hopefully it will help people in getting a fair assessment of their property.
“People who are adjacent to wind turbines or live close by have much more issues than just the viewscape. There certainly is the the noise issue and now there is a lot more attention being paid to people who are saying ‘I’m not feeling well.’”
Two years ago Kenney and her husband Ed unsuccessfully appealed the property assessment on their Wolfe Island home on the grounds that the waterfront residence’s value had been lowered by the nearby wind turbines.
Following the April 2012 hearing decision against them, the couple asked for and have been granted a review of the decision by the two-person Assessment Review Board.
“We don’t know where it’s going to go. It’s just my husband and I and we have no idea even what a review entails but we are trying to prepare,” Gail Kenney said.
“It’s hard to fight the Ontario government, particularly two retired people.
“At some point common sense has to prevail here.” Continue reading, here….