Closure rides on the Elder et al v. Town of Falmouth Case

This pending case appeals the building commissioner and the ZBA’s decision wherein both are claimed to have incorrectly interpreted the by-law to allow the issuance of a building permit (Mar 2010) for Wind 2.

The Eilder group’s defense is grounded in a related action by the Court (Drummey v. Falmouth, 87 Mass. App. Ct. 127 (Feb 2015)), wherein Wind 1 required a special permit as part of a comprehensive bylaw scheme to control wind turbine placement and impact in the town.  Drummey v. Falmouth was the definitive case forcing then Building Commissioner Eladio Gore to order the town to apply for a special permit for Wind 1. Building Commissioner Gore claimed Wind 2 was not addressed in Drummey v. Falmouth, and was thus exempt from his Wind 1 order.

In light of recent events (Falmouth…