MANITOWOC - The attorney for Emerging Energies LLP filed a civil complaint against the Manitowoc County Board of Adjustments asking the court to overturn the county's Jan. 19 denial of a conditional use permit to construct wind turbines in Mishicot.

The attorney, Edward Ritger, alleges in the complaint filed Tuesday that denial is unlawful, unsupported by record and shows that the Board used its will and not judgment.

The company is looking to construct a seven-turbine wind farm in an agricultural zoned district in Mishicot. Its application was rejected at the Jan. 19 meeting, according to the Board of Adjustment minutes. Board member Robert Rasmussen did not vote on the project. Board members Earl Glaeser, Charlie Nate, Laurel Vondrachek and Orville Bonde voted against the wind farm.

The complaint also alleges that by denying the permit, the Board of Adjustment "failed to adequately consider the beneficial effects of the proposed use on the community in general and the benefit to the individuals in the vicinity of the project."

The Hubertus-based company unsuccessfully sued the county in May 2007 claiming that the county's wind turbine ordinance violates state law and makes the company's proposed project "cost prohibitive," according to an April 20, 2008, article in the Herald Times Reporter.

Manitowoc County Circuit Judge Darryl Deets dismissed the case April 16, 2008. Ritger appealed the case April 29, 2008, and awaits a decision from the appellate court.