The judge based his ruling on the Bourne health board’s own wind energy conversion system regulations that state that no one can build such a system in Bourne unless it is in compliance with the regulations. Judge Nickerson ruled, though, that the regulations do not authorize the board of health to regulate the construction of wind turbines in Plymouth. In his ruling, however, Judge Nickerson said the Bourne health board has “broad powers to regulate and prevent nuisances that affect public health.” His ruling ended with the proviso that the board of health might have future legal recourse to combat a nuisance to the town and its residents.