HNWD Takes Action to Exclude Evidence at Hearing

According to the "Defendant's Motion in Limine-Viewshed" written September 18, 2009, and received by SCC Clerk Joel Peck September 21, the Virginia Department of Historic Resources' intention "to present extensive evidence and testimony regarding the wind project's alleged negative impact on the pristine historic setting of Camp Allegheny" compelled HNWD to file a motion to have all such evidence and testimony withheld.

On September 21, 2009, SCC Hearing Examiner Alexander Skirpan, Jr., issued a "Ruling" finding that the hearing scheduled for September 23 will be limited to addressing the "Defendant's Motion in Limine-Viewshed".

What does this mean?

Until tomorrow, it's impossible to say.

Generally speaking, a "Motion in Limine" is a defendant's request that certain evidence be excluded from a trial (or hearing) on the basis that such evidence would be prejudicial. HNWD's attorneys at Lenhart Obenshain argue that "any evidence pertaining to viewshed is irrelevant, immaterial and cumulative of evidence previously presented to the Hearing Examiner and to Highland County."

If this evidence were truly "irrelevant, immaterial and cumulative of evidence previously presented" surely such a fine law firm would not be at such great pains to suppress it.

Please keep those compelling testimonials rolling in.

William H. Chambliss
General Counsel
Virginia State Corporation Commission
Tyler Building
1300 E. Main St.
Richmond, Virginia 23219