CHILTON - A wind energy debate that's turned neighbor against neighbor in Calumet County took a new turn last week through 13 pages prepared by a three-judge panel.

A county ordinance that regulated wind turbines is no longer valid, according the state Court of Appeals.

Officials said it's too early to tell what the decision will mean to the future of wind energy in Calumet County. However, supporters and opponents say one thing is for certain: debate over placement of wind turbines is bound to escalate once again.

It seemed things were healing, said Ron Dietrich, a spokesman for Calumet County Citizens for Responsible Energy. The group organized in opposition to large-scale wind operations.

"The court picked off that scab," he said.

The 2nd District Court of Appeals in Waukesha on Wednesday invalidated Calumet County's wind turbine ordinance, which dictated required setbacks and maximum heights and sound levels for those aiming to use turbines to harness wind energy.

The court found that Calumet County exceeded its authority in creating a broad and restrictive ordinance that went against laws crafted by the state Legislature in support of alternative energy systems.

The decision is expected to affect counties and communities across the state that passed similar measures.

Calumet County has been identified as one of the best places in Wisconsin for high wind speeds, given its location along the Niagara Escarpment.

In response to the ruling, the Calumet County Board will vote Tuesday night on whether to set a moratorium on construction until either the end of the year or a new ordinance is created.

"Without a moratorium, landowners and developers might seek to rush projects to construction before the legislative process can be further completed by the county," the proposal says.

County Board Chairman Bill Barribeau said county officials quickly began discussions on possible responses to the appellate opinion.

"I'm sure we'll have some sort of action on Tuesday before the meeting ends," he said.

Dan Lisowe, a Brothertown farmer who hosted a test site for Midwest Wind Energy, figures state law eventually will supersede any local control over the issue.

Wednesday's decision may be a precursor, he said.

The state Senate and Assembly are each considering bills that would require the state Public Service Commission to set standard statewide rules for regulation of wind energy systems. Under the bills, municipal governments wouldn't be allowed to set more restrictive policies.

"I think the state's going to decide what's going to be built and where, and I think that's the way it has to be," Lisowe said.

Debate over wind energy peaked in Calumet County as out-of-state developers scouted sites for three wind projects that would have placed about 100 turbines in the county at 400 feet each. The battle line was largely drawn between farmers considering the potential for income and residential property owners.

It created a lot of hard feelings, Lisowe said. Those opposed to wind farms accused farmers of greed. Yet no agreements were signed, he said.

"There's been a lot of bickering," Lisowe said. "It's made a lot of enemies out there."

The appeals court decision stemmed from a 2006 lawsuit filed against Calumet County by a Town of Stockbridge farmer. Marvin Ecker Jr. sought to add four more turbines alongside one he already had on his property. The county, however, placed a moratorium on turbine construction after Ecker declared his intention, and then passed the ordinance that tightened requirements.

Ecker claimed the county overstepped its authority, though a circuit court judge tossed the lawsuit on a procedural error. Ecker failed to provide the county with a written notice of claim.

Ecker appealed.

The appeals court found the written notice wasn't necessary because the county understood the nature of the dispute. It further agreed the county went beyond its bounds.

Elizabeth Rich, an attorney for Ecker, said it was the proper decision given the state's clear policy favoring alternative energy systems.

"But we haven't won yet," she said. "Now we have to go back to the circuit court."

The circuit court will decide whether Ecker should be able to go forward with turbine construction. The invalidation of the ordinance plays in his favor, Rich said.

Even a decision in Ecker's favor wouldn't guarantee construction.

It's difficult to say whether the offer given to Ecker by a third party who planned to build turbines on several farms and sell energy to the utilities would remain open now four years later.

Ecker couldn't be reached for comment.

The appeals court determined that Calumet County wrongly created a "one size fits all" policy for restricting turbines.

State law grants counties and communities the ability to restrict wind projects for reasons of health and safety, in instances where restriction wouldn't impact costs or efficiency, or when the government allows for a comparable, alternative system. Still, each project needs to be viewed on its own merits, the court found.

Dietrich called the ruling "extremely disconcerting."

He said he was confused by how the court reached its decision given the longstanding authority counties have to regulate development through planning and zoning.

"It came out of left field," Dietrich said.

He too wonders just what the ruling will mean for Calumet County.

"There are a lot of big question marks," he said.

Additional Facts - Wind energy at a glance

2005: Marvin Ecker Jr. of the Town of Stockbridge erected Calumet County's first modern wind turbine. Calumet County placed a six-month moratorium on further construction and passed its first ordinance regulating turbines.

2006: Gov. Jim Doyle announced a goal of having 25 percent of Wisconsin's power coming from renewable sources by 2025. Ecker filed a lawsuit against Calumet County, arguing the county overstepped its authority in creating the ordinance. Other residents filed a lawsuit against the county seeking more stringent requirements.

2007: Calumet County passed an ordinance limiting where turbines could be placed in areas subject to county zoning. Individual turbines wouldn't be subject to a conditional-use permit under the ordinance, but rather judged by its common standards. A Calumet County judge tossed out of the Ecker lawsuit on a procedural error.

2009: The state Court of Appeals reinstated Ecker's lawsuit and through its decision, invalidated Calumet County's ordinance for exceeding authority. The state Legislature is considering bills that would require the Public Service Commission to draft statewide rules regulating wind energy systems.
Sources: Calumet County, Wisconsin Court of Appeals