Published: March 30, 2009 10:21 pm      

Judge upholds most of suit against Gamesa

HOLLIDAYSBURG — One of a number of claims made by a Portage area couple against Gamesa USA, developers of Allegheny Ridge Wind Farm, has been dismissed, but the bulk of the lawsuit remains intact and is proceeding toward trial.

Blair County Judge Daniel Milliron in a 20-page ruling dismissed claims of negligence and conspiracy made by Jill and Todd Stull against Gamesa, producers of the windmills and developers of phase one of the windmill farm at the Cambria-Blair County line.

Six other objections filed by Gamesa or Allegheny Ridge in response to the Stull’s lawsuit were overruled by Milliron.

“We’re very happy, a vast majority of our claims have been sustained,” said Bradley Tupi of Pittsburgh, an attorney representing the Stulls, who have a Portage address but who live just across the line in Juniata Township, Blair County.

“The case finally gets to move forward, we can proceed into discovery and find out what they really knew.”

Milliron refused to dismiss claims of fraudulent misrepresentation against Allegheny Ridge and a similar claim against Gamesa.

The civil suit originally filed in April alleges that noise, described as screeching, is generated by the 400-foot-tall turbines at a level impacting on the Stulls, especially Todd Stull’s ability to sleep.

Flash and flicker from the blades has also caused distress and the family suffers from frequent headaches and emotional distress.

The Stulls allege that the developers misled township officials regarding noise made by the windmills and led them into developing an ordinance calling for a minimum of 2,000 feet distance between homes and the windmills.

The Stull’s claim that Brian Lammers, Gamesa director of development for the Allegheny Ridge project in May 2005, misrepresented noise levels to Portage Township supervisors as they were developing an ordinance for siting and operation of the farm.

Lammers and Terry Nicol, also of Gamesa, made similar misrepresentations to supervisors in Blair County, the lawsuit contends.

A total of 90 windmills will line the two-county ridgetop when all phases of the project are completed.

Gamesa and Allegheny Ridge have 20 days to respond to Milliron’s order.