The Kenneys lost the original tribunal, but were granted an appeal to the decision this fall. The decision to grant an appeal of the ruling was based on the fact that the Kenneys had repeatedly requested information from the local MPAC office pertaining to property tax assessments. Leading up to and during the tribunal, in front of the judge, the Kenneys requested the Frontenac Islands Township office and MPAC to provide a list of properties granted reductions in value since the 2008 tax assessment season (and the year the Wolfe Island Wind Plant went into production). They were denied the information, despite the fact that it was material to the tribunal and public information. When they asked for it during the tribunal, the lawyer representing MPAC objected strenuously (the requests for the list of assessments were made to her office and she denied the request) and the ARB accepted the objection. The Kenney’s went on to lose the initial ARB tribunal.

The tribunal’s decision included multiple errors in fact (not the least of which that it misidentified the Kenney’s property); that said, an appeal judge found that the error in judgement was made due to MPAC’s and the township’s “willful negligence” in failing to provide evidence in a transparent way and for concealing documents.

So okay — what does this all mean?

Since 2008, over 72 properties on Wolfe Island have received over 3.5 million dollars in property tax assessment reductions. A large cluster of the highest reductions is located in the immediate area of the Kenney’s residence. Some of these include reductions on waterfront residences of more than $150 000. What is most strange (and frankly disturbing) is that most of those residents who sought and received reductions simply called or visited the local MPAC office (no paperwork). In some cases, and the Kenneys have sworn statements that residents were told over the phone and at the MPAC Kingston office that they could get reductions “provided they did not mention the wind turbines in their request.”

Note that the Kenney’s asked for this information from MPAC and the township repeatedly over two year and were denied the information during the tribunal. This information was released to the Kenneys two weeks after their ruling.

So now entering their fourth year of appeal, the Kenneys are waiting to have another face to face meeting with MPAC in front of another judge. Curiously, following release in public of the costs association with the township lawyer — the township paid between $50 – $100 000 of ratepayers money in the failed defense — the lawyer for Frontenac Islands has been given his walking papers. That is interesting, since observers at the tribunal recall that MPAC made two attempts to negotiate with the Kenneys to settle the dispute AND THE TOWNSHIP insisted that ANY negotiated settlement include either a confidentiality clause or an explicit statement that any settlement NOT MENTION wind turbines.

The next round is scheduled for June 2013.

Check it out, and get all the real facts about winds, and see why they are not so bad. The only things you guys should be worried about, is you may not find them visually appealing. I find that very acceptable, as it is your island and should be kept beautiful. All your other arguments are unjust, and uneducated. And Lori, it’s a small island, you are going to be close to turbines no matter where you live.

http://www.thinkscotland.org/thinkpolitics/articles.html?read_full=11627&article=www.thinkscotland.org

Please share/post/forward as you see fit.

Best wishes,

Ben