Restraining Order in Order to Trespass

Slap suit against a farmer: This appears to be the latest desperate attempt by T. Boone Pickens' controversial AWA Goodhue industrial wind project. Westwood Professional Services' employee Brie Anderson sought a restraining order that would allow her to trespass on land owned by farmer Dan Ryan.

In short, the outcome of the recent hearing in Hennepin County Court is:
1. Dismissed with "extreme prejudice";
2. the judge lecturing Fredrikson & Byron attorney Emily Duke for ten minutes; and,
3. the judge suggesting that AWA Goodhue should pay Dan Ryan's legal fees incurred while attorney Dan Schleck defended Mr. Ryan.

Fabricating charges against Dan Ryan is just the latest in a string of activities aimed at Ryan, other landowners formerly participating in the wind project, and other citizens living in the area of the proposed project.

Westwood contracted with AWA Goodhue to perform avian surveys, among other things, in the proposed industrial wind project  area located in Southeast Minnesota's Goodhue County. Ms. Anderson is only one of three known to have trespassed on Ryan's land while pretending it was "necessary" in order to gather data on Bald and Golden Eagle activity. Sharon "The Bird Chick" trespassed and was asked not to by Ryan. Ron Peterson, also of Westwood, was believed to be riding in the helicopter when it repeatedly buzzed Ryan's cattle yard and nearly touched down in a field across from Ryan's house. The Goodhue County Sheriff's office received 16 citizen complaints about the December 2011 flight and complaints about the other helicopter flights carried out by AWA Goodhue this past winter.

"This looks like a slap suit to hassle an honest farmer trying to keep profiteers off his property" said Minneapolis Star Tribune's Jon Tevlon in his coverage of the outcome of the recent hearing in Hennepin County Court. 

At the February 23, 2012 Minnesota Public Utilities Commission (MPUC) hearing where Commissioners rejected the AWA Goodhue Avian and Bat Protection Plan (ABPP), organic dairy farmer Paul Reese posed the question as to whether Westwood was ignorant or incompetent. Westwood originally reported "zero bald eagles nesting" in the project area and stated that they observed no eagles flying through the area. After citizens engaged the Minnesota DNR and the US Fish and Wildlife Service to come on a bald eagle nesting tour in April 2011, the MPUC decided to require further study and the ABPP. It turns out that Dan Ryan's property is an 'important eagle use area' for fall migration.

In the last year, USFWS has confirmed ten active eagle nests in the AWA Goodhue industrial wind project area. Citizens have repeatedly stated and shown pictures demonstrating that the nests and eagles can be seen from public roadways. There is no need to trespass or harass citizens with a helicopter to find eagles in Goodhue County.

Learn more about industrial wind at the Coalition for Sensible Siting.