The Milton Turbine Decision

The Patriot Ledger reports ("Judge says Milton must limit operation hours for proposed wind turbine") that the town of Milton must restrict operation of a wind turbine because the town, violated “taking” provisions when Town Meeting voted in 2010 that a turbine could be built on town-owned land “as of right.”

Interestingly, Falmouth built it's wind turbines using similar logic, i.e., that the turbines were a municipal use on municipal land.

The Milton decision was the result of binding arbitration (the dispute was over lease terms, so a Superior Court judge ordered arbitration) so it's uncertain as to how this would affect the lawsuits pending against Falmouth. However, the municipal use parallel does make one wonder...