KINGSTON — A lawsuit filed by wind turbine operator Independence against the City of Kingston alleging breach of contract is back in court.
Kingston Wind Independence, LLC claims to be willing to accept the $1 million limit set by the city’s insurance company and is giving the city a few weeks to agree to settle, according to city administrator Keith Hickey .
The original lawsuit sought more than $9 million from the city.
Hickey said Tuesday, March 22, that the city’s legal counsel informed him that the case was “without merit.”
“If there’s a breach of the lease, it’s KWI that failed to pay nearly $1 million in fees for operating the turbine,” he said.
Kingston Wind Independence filed an emergency petition on March 16 to appoint a special bailiff.
Hickey said conversations with legal counsel would continue and it was his understanding that plans to remove the turbines would continue.
“Hopefully in a month or so it won’t be part of the scenic view of Kingston when you take Route 3,” he said.
Selectmen reached an agreement with Kearsarge Kingston, LLC, of Boston, in December for the removal of the turbine so the company could continue its solar panel projects at the city’s former landfill.
Continued:Kingston files lawsuit to destroy city’s Independence Turbine
Continued:Solar developer could remove Kingston’s Independence turbine
City officials are asking a Superior Court judge for a ruling terminating Kingston’s power lease and purchase agreement with Kingston Wind Independence due to the company’s failure to pay rent and taxes to the city in excess of $1.1 million.
Authorities are also seeking a court order to allow the city or its representatives to enter the property to decommission and remove the turbine which has been out of service since November 2019.
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