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Falmouth Wind Turbine Land Court 

Open government advocates say that Massachusetts' own rich history of political corruption demonstrates the need for holding public officials accountable.

Falmouth Massachusetts 

On April 28, 2016 the Town of Falmouth filed an appeal in Massachusetts Land Court. The Selectboard is filing an appeal to its own Zoning Board of Appeals. 

The Massachusetts Land Court placed Judge Foster who was appointed by Governor Patrick in 2012. 

Massachusetts Governor Patrick is a wind turbine advocate 

The Massachusetts Land Court has NO jury system. The one judge stays with the case until the end. 

The town is appealing the Zoning Board of Appeals denial of a special permit to operate Falmouth Wind 1 .

The news media in the past has alleged corruption in Massachusetts' Top Courts

What do you make of the Falmouth wind turbine case ? 
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Falmouth Massachusets  Wind Turbine News May 1 2016 

 Breaking -Falmouth Files ZBA Wind Turbine Appeal Land Court - NO JURY TRIALS -16 Plus Months

http://patch.com/rhode-island/portsmouth/falmouth-files-wind-1-zba-appeal-land-court-0

Falmouth Files Wind 1 ZBA Appeal -- Land Court 16 Months Plus
Town of Falmouth v. Kimberly Bielan Member of the Falmouth Zoning Board of Appeals , et al. FOSTER Case assigned to Fast Track 16 months

Falmouth, Massachusetts April 30, 2016 
An important distinction with Land Court is that there are no jury trials-

Case assigned to Fast Track -- 16 months 

Average case 34 months -1020 days 

Falmouth Files ZBA Appeal -- Land Court -April 28, 2016 Massachusetts

16 MISC 000234
Town of Falmouth v. Kimberly Bielan Member of the Falmouth Zoning Board of Appeals , et al. FOSTER

http://www.masscourts.org/eservices/?x=NeYX4IkknQBLKxzA-ltbcP6Zae60MjbjCZwBCNohKByzafw8CwcKvM3oxgw8rCIYcWlEu9o-xqcG3TL1riyHXw

346005
04/28/2016Hemenway & Barnes LLPDocket DateDocket TextAmount 04/28/2016
Complaint filed.04/28/2016
Case assigned to the Fast Track per Land Court Standing Order 1:04.04/28/2016
Land Court surcharge Receipt: 346005 Date: 04/28/2016 $0.000 4/28/2016 Land Court miscellaneous filing fee
Receipt: 346005 Date: 04/28/2016 $0.000 4/28/2016 Land Court summons Receipt: 346005 Date: 04/28/2016

Town of Falmouth - PlaintiffAttorney/Bar Code
Phone NumberDuffy, Jr., Esq., Frank K (137180) Tillotson, Esq., Diane C (498400)

-----------------------------------------------------------------------------------------------------------------------------------------------------
Note # Opinion in addition to this above information 
Civil Procedure Rule 38: Jury Trial of Right

(a) Right Preserved. The right of trial by jury as declared by Part 1, Article 15 of the Constitution of this Commonwealth or as given by a statute shall be preserved to the parties inviolate.

Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.

An important distinction with Land Court is that there are no jury trials

The more lawyer time required, the higher the legal bill. Welcome To Falmouth, Massachusetts

Generally within three months from entry date, all appropriate cases will be examined by the judge assigned to the case and appropriate orders may be entered. notwithstanding any previously assigned presumptive tracking schedule

In its operation the Court shall use an individual calendar system. The basic elements of the system are: a single judge, assigned to a case from beginning to end.

At time of filing, all Cases shall be assigned to one of the following tracks:

fourteen (14) months to trial (Tax or “T” Track);

sixteen (16) months to trial (Fast or “F” Track); or

thirty-one (31) months to trial (Average or “A” Track).

At any time, the judge to whom the action has been assigned may, at his or her discretion, and after the parties have had a chance to be heard, change the track which governs the case

Amendments to the designation or tracking order of a case, or an extension or other modification of any of the tracking order dates, may be ordered by the Court on its own motion, for good reasons and as the interests of justice require.

Thirty-four months (1020 days): Post trial briefs filed with the Court within thirty (30) days of receipt of transcript. 
Town of Falmouth v. Kimberly Bielan Member of the Falmouth Zoning Board of Appeals , et al. FOSTER Case assigned to Fast Track 16 months
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Falmouth Files ZBA Wind Turbine Appeal Land Court 

An important distinction with Land Court is that there are no jury trials

Falmouth Files ZBA Appeal -- Land Court -April 28, 2016 Massachusetts

16 MISC 000234
Town of Falmouth v. Kimberly Bielan Member of the Falmouth Zoning Board of Appeals , et al. FOSTER
http://www.masscourts.org/eservices/?x=NeYX4IkknQBLKxzA-ltbcP6Zae60MjbjCZwBCNohKByzafw8CwcKvM3oxgw8rCIYcWlEu9o-xqcG3TL1riyHXw

346005
04/28/2016Hemenway & Barnes LLPDocket DateDocket TextAmount 04/28/2016
Complaint filed.04/28/2016
Case assigned to the Fast Track per Land Court Standing Order 1:04.04/28/2016
Land Court surcharge Receipt: 346005 Date: 04/28/2016 $0.000 4/28/2016 Land Court miscellaneous filing fee
Receipt: 346005 Date: 04/28/2016 $0.000 4/28/2016 Land Court summons Receipt: 346005 Date: 04/28/2016

Town of Falmouth - PlaintiffAttorney/Bar Code
Phone NumberDuffy, Jr., Esq., Frank K (137180) Tillotson, Esq., Diane C (498400)


Note # Opinion in addition to this above information 
Civil Procedure Rule 38: Jury Trial of Right
(a) Right Preserved. The right of trial by jury as declared by Part 1, Article 15 of the Constitution of this Commonwealth or as given by a statute shall be preserved to the parties inviolate.

Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.
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This is another evidence of official stalling and recalcitrance. How much longer are people going to put up with official torture?
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KEMA April 2005 Un-Vetted "Falmouth Community Wind Project Site Screening Report" never seen for good reason Page 28 Special Permit 240-166
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Residents of Emerald City (Falmouth) told wind turbines would bring green glass, emeralds, and jewels. No one likes to admit they got taken.
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Town of Falmouth v. Kimberly Bielan Member of the Falmouth Zoning Board of Appeals , et al. FOSTER Case assigned to Fast Track 16 months
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Falmouth Wind Turbine Land Court or Superior Court 

No matter how you shake or roll the dice three years looks like legal bill for Falmouth taxpayers over the ZBA appeal for Falmouth wind turbine number one. Over the past six years the Town of Falmouth has rolled snake eyes.

Craps is a game the Falmouth Select Board is playing with your money in which everybody wins except the taxpayers

Let's say the Falmouth Select Board decides to go to land court over Falmouth Wind 1. Now someone wants a jury trial. Hold on to your wallets

An important distinction with Land Court is that there are  no  jury trials. Thus, if you want a jury trial, the case should be filed in Superior Court, not Land Court.  For cases which have an “emotional” component and less complex, a Superior Court jury session is probably the better choice. 

Civil Procedure Rule 38: Jury Trial of Right
(a) Right Preserved. The right of trial by jury as declared by Part 1, Article 15 of the Constitution of this Commonwealth or as given by a statute shall be preserved to the parties inviolate. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.

Jury trials are not for the faint of heart. They are incredibly labor intensive, with the attorneys spending hours upon hours preparing for trial, and burning the midnight oil during the trial itself. The more lawyer time required, the higher the legal bill.

Generally within three months from entry date, all appropriate cases will be examined by the judge assigned to the case and appropriate orders may be entered.  notwithstanding any previously assigned presumptive tracking schedule

In its operation the Court shall use an individual calendar system. The basic elements of the system are: a single judge, assigned to a case from beginning to end.

 At time of filing, all Cases shall be assigned to one of the following tracks: fourteen (14) months to trial (Tax or “T” Track); sixteen (16) months to trial (Fast or “F” Track); or thirty-one (31) months to trial (Average or “A” Track).

At any time, the judge to whom the action has been assigned may, at his or her discretion, and after the parties have had a chance to be heard, change the track which governs the case

Amendments to the designation or tracking order of a case, or an extension or other modification of any of the tracking order dates, may be ordered by the Court on its own motion, for good reasons and as the interests of justice require.

Thirty-four months (1020 days):  Post trial briefs filed with the Court within thirty (30) days of receipt of transcript.
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Falmouth Select Board is aware of the "Falmouth Community Wind Project Site Screening Report" April 19, 2005. Special Use Permit is required
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Falmouth Wind I Un-Vetted Document Emerges Cause for Concern

Falmouth Select Board Overlooked Document Fatal Flaw To ZBA Legal Appeal 

Falmouth Select Board should make themselves familiar with the April 19, 2005 KEMA report before filing litigation against the Falmouth Zoning Board of Appeals. 

In 2005 there were two distinct different studies done for Falmouth Wind 1.  

"Falmouth Community Wind Project Site Screening Report" April 19,2005 

"TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY" November 2005

Over many many years the court system, Falmouth Wind Turbine Option Analysis Process, Consensus Building Institute and various town attorneys have discused the "TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY" November 2005 Prepared by: KEMA, Inc. & Ecology and Environment, Inc.

The 2005 November TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY has been gone over and over with a fine-tooth comb. 

The public at large is unaware of a document that has never seen the light of day for good reason. Special Permit 240-166 

The 2005 November KEMA study was the second of a two part study. The first study, April 2005, has never been reviewed. 

The first report prior to the November 2005 study was prepared by KEMA ECOLOGY AND ENVIRONMENT, INC and funded by the Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center. The date of that report is  April 19 ,2005 .The title to that report is  "Falmouth Community Wind Project Site Screening Report" April 19,2005 

These are two separte reports with different titles done first in  April 2005 the second report done in November 2005 

Page 28 of the April 19, 2005 site review says : 6.2.2 a special permit is needed for the Falmouth Wind 1 turbine.  
April 19 ,2005 Site Screening Page 28-- Falmouth Wind 1 needs a Special Permit 

Click here to read page 28 

https://www.dropbox.com/s/4cvi5tu6i7yww7a/2005%20April%20KEMA-MTC%20Falmouth_Site_Screening_Study.pdf?dl=0

2005 April KEMA-MTC Falmouth_Site_Screening_Study.pdfDropbox 
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Falmouth Select Board Wasting Taxpayer Money ZBA Appeal 

Falmouth Select Board Overlooked Document Fatal Flaw To ZBA Legal Appeal 

Falmouth Select Board should make themselves familiar with the April 19, 2005 KEMA report before filing litigation against the Falmouth Zoning Board of Appeals. 

In 2005 there were two distinct different studies done for Falmouth Wind 1.  

"Falmouth Community Wind Project Site Screening Report" April 19,2005 

"TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY" November 2005

Over many many years the court system, Falmouth Wind Turbine Option Analysis Process, Consensus Building Institute and various town attorneys have discused the "TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY" November 2005 Prepared by: KEMA, Inc. & Ecology and Environment, Inc.

The 2005 November TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY has been gone over and over with a fine-tooth comb. 

The public at large is unaware of a document that has never seen the light of day for good reason. Special Permit 240-166 

The 2005 November KEMA study was the second of a two part study. The first study, April 2005, has never been reviewed. 

The first report prior to the November 2005 study was prepared by KEMA ECOLOGY AND ENVIRONMENT, INC and funded by the Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center. The date of that report is  April 19 ,2005 .The title to that report is  "Falmouth Community Wind Project Site Screening Report" April 19,2005 

These are two separte reports with different titles done first in  April 2005 the second report done in November 2005 

Page 28 of the April 19, 2005 site review says : 6.2.2 a special permit is needed for the Falmouth Wind 1 turbine.  
April 19 ,2005 Site Screening Page 28-- Falmouth Wind 1 needs a Special Permit 

Click here to read page 28 

https://www.dropbox.com/s/4cvi5tu6i7yww7a/2005%20April%20KEMA-MTC%20Falmouth_Site_Screening_Study.pdf?dl=0

2005 April KEMA-MTC Falmouth_Site_Screening_Study.pdfDropbox 
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New Bedford Ocean Wind Turbine Port Headed To 200 Million Is the New Bedford Marine Commerce Terminal ocean wind turbine port headed to 200 million ? If it is the public is never going to find out that's for sure. How many hundreds of millions is it going to cost ? The final cost of the New Bedford Marine Commerce Terminal is lost from public view for some reason. The New Bedford ocean wind turbine port was announced in 2010 by Governor Patrick at around 35 million. Today 6 months prior to the completion of the local terminal rumor has it that the project is already way over budget because of cost overruns. The project is nearing 100 million today with December being the completion date. The Massachusetts Clean Energy Center Senior Director of Offshore Wind has commented on the project but has never disclosed where the finances are on the project today. The Massachusetts Clean Energy Center is in charge of the project. Governor Patrick appears to be pushing for completion of the project by the end of the year at any cost. At any cost to who ? Where is all the extra money coming from to complete this project by the end of the year ? Why all the extra money to get the project done by December if Quonset Point ,Rhode Island is the construction port for Cape Wind ? The local spokesman for the New Bedford Wind Energy Center said that their is nothing being built like the New Bedford Marine Commerce Terminal to compete with the New Bedford Port. He is correct but Quonset Point, Rhode Island has already been built and is complete with crane service. Quonset Point, RI is the permitted construction base for Cape Wind. Richard J. Sullivan Jr., secretary of energy and environmental affairs told a house bonding committee that Cape Wind was going to do all the construction from the 200 million dollar wind turbine port In addition to New Bedford a wind turbine blade testing facility in Charlestown was built at a cost of around 40 million dollars two years ago. The Massachusetts Clean Energy Center also built the Charlestown facility.The wind turbine blade testing facility has only tested one large blade and the manufacturers name was not disclosed. The terminal has been idle. Cape Wind signed a lease with Quonset Point, Rhode Island. - Massachusetts Clean Energy Center CEO Alicia Barton said the port will transport fruit, sand and heavy industrial boilers rather than wind turbines . Massachusetts officials need to be brought up on RICO, Racketeer Influenced and Corrupt Organizations charges.
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