Following the ruling by Decatur County Judge Bailey which supported Rush County BZA’s decision on the setbacks of wind turbine distance from non-participating landowners, APEX Clean Energy/Flatrock Wind Project had 30 days to file an appeal of that decision and last week they did just that.
According to Dan Blondeau, Public Affairs Manager, Flat Rock Wind filed a notice of appeal from the recent decision made by the court, and the company plans to appeal the decision to the Indiana Court of Appeals.
“We believe that the Rush County Area Board of Zoning Appeals (BZA) contradicted its own zoning ordinance when it arbitrarily created a new setback distance and invented a new method for determining how this setback is measured,” Robert Eherenman, attorney for Flat Rock Wind, said. “It is clear from the record that the BZA did not act in accordance with Indiana law when the BZA created this massive increase in the setback.”
Bryant Niehoff, Executive Director of the Rush County Joint Planning and Zoning Office, said there was really nothing to comment on at this point as Flat Rock Wind just filed notice that they were appealing the ruling.
Flat Rock Wind officials indicated that they would prefer to work directly with Rush County officials to resolve the matter. Until those discussions resume, Flat Rock Wind will continue to follow the appropriate legal process.
“It’s unfortunate that this decision continues to remain unresolved,” Brenna Gunderson, senior development manager for Flat Rock Wind, explained. “We hope the decision can be resolved locally. However, we remain confident that we will prevail on the merits and the lower court’s decision will be overturned.”
Gunderson went on to explain that Flat Rock Wind continues to hear from landowners and community members, who want to see the benefits the project can bring to Henry and Rush counties.
“The bottom line is that Flat Rock Wind has been designed to ensure protection of human health, property, and the environment. Above all else, Apex remains committed to developing Flat Rock in a manner that benefits both Rush and Henry Counties,” Gunderson said.