I had the privilege of representing the Warrick County Board of Zoning Appeals in a case in the Indiana Court of Appeals, which ruled in a published opinion that new technology, such as a residential wind turbine, used to generate electricity can be permitted as an accessory structure to a home. Furthermore, our Indiana Supreme Court denied transfer on this important decision, making it the controlling law of our state. Currently, the Indiana General Assembly is considering new legislation which will make it harder for homeowners to “sell back” any excess power to their electricity provider. A new law such as this will be a step backwards in our quest to lower utility power demands. The Indiana Court of Appeals got this one right, but our General Assembly is sure trying to get it wrong.
Here is the Indiana Court of Appeals Published Opinion.