Motion to Dismiss suit denied; Hass, et al. v. County of DeKalb
June 10, 2010
by Michael J. Colwell, Circuit Judge
This detailed order prepared by IL Circuit Court Judge Michael Colwell rejects wind developer NextEra's motion to dismiss a lawsuit brought by about 40 landowners around the Shabbona area, giving the residents the trial they have sought for nearly a year. The lawsuit stems from the June 2009 decision by the DeKalb County Board to grant NextEra permission to build and operate 119 turbines in Afton, Clinton, Milan and Shabbona townships. NextEra has since built and begun to operate a 145-turbine wind farm that straddles the DeKalb-Lee county line. The lawsuit names NextEra Energy, the DeKalb County Board and each of its 24 members, and the nearly 100 landowners who allowed the turbines to be installed on their property.