The town of Bourne filed a lawsuit on Friday in Barnstable Superior Court seeking a declaratory judgment against the builder of four wind turbines over the town line in Plymouth.

According to The Cape Cod Times, “the Board of Health is seeking a judgment that the project, owned by ConEdison, will be subject to its wind turbine rules, and is asking that the turbines, three of which are fully constructed, be prohibited from operating until they have met the town requirements.”

Jonathan Fitch, a lawyer with Future Generation Wind, stated that the turbines would affect a handful of Bourne residents during a Board of Health meeting last April.

Fitch also stated that since the turbines are located in another town, the Bourne board had no control over them.

Bylaws in the town of Bourne “require anyone building a wind energy conversion system in the town to file notice with the Board of Health, and agree to the rules regarding noise, shadow flicker, modulation, and emergency access."

Last week, a ConEdison spokesperson stated that the turbines have met all requirements needed from the town of Plymouth.

With additional reporting by Sal Lopez

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