GREEN CAR WASH WIND TURBINE CONTROVERSY SPURS ANTI-NIMBY LAWSUIT

WAYNE, NEW JERSEY – Wayne Auto Spa announced today that it filed a lawsuit against Wayne Township in connection with the car wash/quick lube’s efforts to erect a wind turbine to create more clean, renewable electricity at its award-winning green facility in Wayne, New Jersey.

Only after the wind turbine application was revised to comply with all of Wayne Township’s zoning ordinances, did Wayne Township adopt an ordinance that effectively bans wind turbines from the whole town.  In short, the ordinance bans ALL wind electric systems regardless of size or other unique characteristics, from being built within 1,640 feet of the extreme limits of any residential property, school or day care center.

The ordinance was hurriedly adopted about two weeks before the final Planning Board hearing on the wind turbine application In September.

The lawsuit seeks to overturn this ordinance.  In addition, the suit seeks damages from the Township for targeting Wayne Auto Spa and intentionally discriminating against it because of its involvement with the political campaign of Bill Brennan, who ran for Wayne Town Council in November 2007 on the platform of, “The Wind Turbine at the Car Wash.”

The lawsuit will also question the Wayne Town Council’s irreconcilable positions evidenced by (1) their prior approval of a Town owned & operated wind turbine in the Wayne Valley High School parking lot, and (2) this new ordinance, which prohibits any wind turbine from being within five football fields of any school.

“I’m disappointed that Wayne’s Town Council has chosen to damage every Wayne taxpayer because of their contempt for me,” said Robert Burke, owner of Wayne Auto Spa.

“In more than 150 school districts in the U.S., schools are saving lots and lots of money  – and local property taxes are being favorably reduced – by using wind turbines to generate electricity.   Wayne Town Council’s ordinance will prevent Wayne’s taxpayers from enjoying similar property tax benefits unless it is struck down.”

Ironically, the lawsuit was filed on the first anniversary of Burke’s appearance before Wayne’s Planning Board in October 2007, at which he asked the Planning Board to (1) review their Master Plan for the purpose of incorporating renewable energy more prominently into it & (2) hold open public hearings on the Model Small Wind Ordinance and consider its adoption.  The Model Ordinance sets thoughtful parameters for the deployment of small wind turbines and has been adopted by several municipalities in New Jersey and is supported by the New Jersey Board of Public Utilities and the United States Department of Energy.

To date, Wayne Township’s only response to these requests has been to completely outlaw wind turbines from the entire Town.

Following Burke’s request to the Planning Board concerning Wayne’s Master Plan, the State of New Jersey, effective August 5, 2008,  has revised its Municipal Land Use Law to require local master plans to have a new “green element” — including “a green buildings and environmental sustainability plan element which shall provide for, encourage, and promote the efficient use of natural resources and the installation and use of renewable energy systems….”

“I am disappointed and frustrated that Wayne Township has forced litigation to punish me for challenging Township officials politically,” said Burke.  “This is no longer simply about renewable energy and all of its related concerns – national security, the economy, resource conservation and climate change.  It’s now about abusive, punitive government treatment of its citizens, in violation of fundamental Constitutional rights.”

Upon the adoption of the resolution rejecting Wayne Auto Spa’s application for minor site plan approval for a 44 foot pole with a wind turbine atop it, Burke said the lawsuit will be amended to challenge that action as well.

Thanks to Wayne Auto Spa for this press release.
For more information, contact Robert W. Burke at robert.w.burke@gmail.com.