Case Conclusion Date: 10.28.2009
Practice Area: Energy & Utilities
Outcome: In favor of our client, AES Armenia Mountain Wind LLC
Description: Pennsylvania Supreme Court upheld Pennsylvania Commonwealth Court and court below. Commission did not err in considering application to construct a wind farm because applicant had necessary proprietary interest in the subject property. Further, waiver from the local ordinance's screening requirements for the wind turbines was proper because local ordinance permitted waivers, which was allowed by 53 Pa. Stat. Ann. § 10503(8).