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AG Gansler: Part of wind turbine bill unconstitutional

OAKLAND — Maryland’s attorney general has deemed a portion of a law aimed at putting distance between wind turbines and homes unconstitutional.

The Times-News reports that Attorney General Douglas Gansler wrote Gov. Martin O’Malley in May noting that a portion of the law is unconstitutional because it would give adjacent neighbors zoning authority.

Garrett County Administrator Monty Pagenhardt, county administrator says the rest of the bill will proceed and be amended in the 2014 General Assembly session.

Gansler writes that there are other legal problems related to the variance provision that should be corrected. He suggests in the letter that if the county approves the bill despite the defect, it should administer the law as if adjoining property owners’ consent is not required.

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