Local governmental entities and neighbors appealed a decision of the Power Siting Board that granted applicant a certificate to construct a wind-powered electric-generation facility.
The Supreme Court of Ohio held that:
- Board did not abuse its discretion in quashing neighbors’ subpoenas;
- Neighbors were not prejudiced by Board’s decision to cut off cross-examination of Board’s staff;
- Testimony by applicant’s witness was not hearsay;
- Evidence was sufficient for Board to apply minimum setbacks;
- Nighttime noise limit was not against manifest weight of evidence;
- Neighbors were not prejudiced by Board’s refusal to reopen hearing record; and
- Draft versions of application were irrelevant to Board’s consideration.