The Village of Lee has filed a motion asking that a judge dismiss a lawsuit filed against them by a company that wants to build wind turbines near their borders, and the law firm representing the village of just over 300 people on the western edge of DeKalb County says the village plans to "vigorously" defend against lawsuit by the company building a wind farm mostly in southwest DeKalb County.

The Village of Lee has filed a motion asking that a judge dismiss a lawsuit filed against them by a company that wants to build wind turbines near their borders, and the law firm representing the village of just over 300 people on the western edge of DeKalb County says the village plans to "vigorously" defend against lawsuit by the company building a wind farm mostly in southwest DeKalb County.

FPL Energy Illinois Wind, in the lawsuit it filed Friday, says the Lee Village Board "arbitrarily" denied their request for permits to build six wind turbines within the one-and-a-half miles around the village that municipalities have control over under state law. The company wants a judge to order Lee to grant the permits.

But attorney Keith Foster with Foster and Buick Law Group, which represents the village, says the Board's denial was based on input it received from the wind farm company and after hearing potential reasons for denying the request during two public hearings. He says the Board's reasons met the requirement for denying the permits.

"The reason would have to have a reasonable basis so any reason at all that is considered rational by an ordinary person would be a basis for denial," says Foster.

The Village Board's reasons for the denials included feeling the 450-foot tall turbines would be too close to homes.

The Village also wants a judge to examine how the company's lawsuit was filed, with the village's lawyers saying an unidentified, "badge-waving" agent filed the suit and an unidentified person served summons to village board members while demanding they appear in court this week. The law firm says it has serious questions about the tactics of the wind farm company and its attorneys.

"And we are going to monitor that closely and we are going to raise objections with any tactics that are used, any procedures that are employed, that are outside of the rules that we all have to follow that are given to us by the Supreme Court," says Foster.

An official for the wind farm project calls the claims misinterpretations and misunderstandings.

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