• English
  • Eesti

Dispute on Aidu wind farm permits to continue in top court

Estonian news - eteap October 9, 2018

Baltic News Service. 9th of October, 2018

The Supreme Court of Estonia has accepted complaints from the company Aidu Tuulepark belonging to businessmen Andres and Oleg Sonajalg in connection with the lawfulness of the construction permits obtained by the company.

The top court on Tuesday accepted two appeals against a court ruling filed by Aidu Tuulepark OU, in which the plaintiff finds that the circuit court has committed a substantial breach of the norms of judicial proceedings and wrongly interpreted substantive law, which has resulted in incorrect judicial decisions, Aidu Tuulepark said.

The Tartu circuit court at the end of June upheld a ruling of the administrative court by which the legal dispute over the lawfulness of the construction permits of the Aidu wind farm is to be continued. The three-judge panel of the appeals court found that the first tier court has convincingly explained why the county governor in filing a contestation did not commit a breach of deadline set out in law.

The dispute between the parties mainly concerns the time when the county governor learned about the issuance of the contested construction permits. When exactly the issuance of the permits came to the knowledge of the county government is crucial to determining when the county government should have initiated a formal procedure, made a proposal to the Luganuse rural municipality to deem the permits invalid, and go to court in the event of refusal.

The parties to the proceeding mostly argued over whether the county governor learned about the issuance of the construction permits at the time mentioned by the county governor or at an earlier point in time, meaning in the summer of 2016 the latest.

The first-tier court found that the county governor did not find out before February 2017 about the fact that the construction permits had been issued for a project not endorsed by the Defense Ministry, and that the procedures undertaken by the county governor to contest the construction permits were carried out in due time.

The circuit court also found that failure to abide by the deadline valid for the county government does not preclude further administrative supervision over the actions of a municipality. It said that granting the requests of Aidu Tuulepark and the Luganuse municipality and terminating of the proceeding would result in a situation where undermining the interests of national defense would be the potential price of the observance of purported rights.

A court ordered work by Aidu Tuulepark OU on the installation of wind turbines to be halted on May 3, 2017 when it accepted a request by the government of East-Viru County to cancel the construction permits issued to the company by the municipality in spring 2015.

Leave a Reply

Your email address will not be published. Required fields are marked *

« »

nike factory outlet kobe 9 elite polo ralph lauren outlet online air max 90 pas cher polo ralph lauren pas cher fake nike shoes new basketball shoes tiffany free runs what the kobe 8 nike air mag big size jordans nba shoes