The fight against the proposed wind farm project has been picked back up again, by a large group of Fayette County citizens, with the filing late this week at the Fayette County Clerk’s Office of a civil plenary complaint against both the Fayette County Commissioners and NextEra Energy Resources, the energy company behind the Whitewater Wind Farm project.
Library filed under Legal from Indiana
Apex Clean Energy continues to gauge the interest of Henry County landowners interested in placing a wind turbine on their property as it awaits a judicial review of a decision made last summer in Rush County.
As of March 4, 2016, Apex filed a Notice of Tort Claim Pursuant to Indiana Code 34-13-3 (Indiana Tort Claims Against Governmental Entities and Public Employees Act). To summarize the notice, Apex claims that the commissioner’s official action on September 8th, 2015 to cease and desist all negotiations with Apex and to arbitrarily and capriciously reject the wind energy project will cause Apex to sustain economic losses. A portion of the tort claim is provided below. The full document can be accessed by clicking the links on this page.
Last week, Apex Clean Energy filed a judicial review regarding the Rush County Area Board of Zoning Appeals’ adjustment to setbacks concerning the Flat Rock Wind Project.
A Rush County decision to require 2,300-foot setbacks from the property lines of non-participating landowners in order to erect wind turbines is being legally challenged by Flat Rock Wind LLC.
Special Judge Thomas Hakes of Huntington Circuit Court gave what was in essence a split decision. He said the six couples attempting to have the 6-3 vote of the Area Plan Commission “were not aggrieved” by the APC’s decision to allow Apex Wind Energy to place 68 wind turbines in Harrison, Chester, Nottingham, and Liberty townships. He also said, however, that the reciprocal setbacks provision violated the property rights of three of the six couples that are plaintiffs to the suit.
The Wells County, Indiana Area Plan Commission approved a petition for the development of a large wind energy conversion system project that was filed by Wells County Wind II, LLC, Apex Clean Energy Holdings, LLC, and Apex Wind Energy, Inc. thereby allowing the construction of approximately 68 wind turbines on private property located in southern Wells County, Indiana. Adjacent landowners including James E. and Tamara L. Dunmoyer, Jr. and others filed with the trial court a two-count petition. In Count I, Landowners requested judicial review of the Zoning Decision, and in Count II they sought declaratory judgment on the setbacks supported by the county ordinance. The appellate county ruled that the county vote was not in error but found that the reciprocal setback provision of the ordinance was not legal. A portion of the ruling is presented below. The full ruling can be accessed at the links on this page..
A Uniontown attorney has warned Fayette County it may have to pay to tear down as many as 18 wind turbines as a result of a decision in Commonwealth Court that raises concerns they are too close to neighboring properties in Springhill and Georges townships.
Many of the details of Duke Energy’s alleged contract breach are redacted in the 23-page complaint. But those that aren’t allege the utility’s actions have resulted in the wind farm “frequently” being forced to curtail operations, causing sharp reductions in the farm’s electrical output and revenue.
When bids are too high, MISO’s automated system electronically signals the energy producer—in this case, the Benton County Wind Farm—and tells it to reduce its output. The lawsuit redacts what Duke specifically did, only noting the utility “curtail[ed] electrical production by refusing to offer the Wind Farm’s power to MISO at competitive prices and then refusing to compensate [the wind farm] when the Wind Farm is directed by MISO not to produce power.”
The developer of the proposed Prairie Breeze Wind Farm has filed a complaint against the Tipton County Board of Zoning Appeal seeking judicial review of zoning decisions. The lawsuit filed this week by juwi Wind in Tipton Circuit Court also alleges the Board of Zoning Appeals violated Indiana's Open Door law during a July meeting.
This document details the land lease agreement between host landowners in Tipton County Indiana and juwi Wind LLC, the German company proposing to erect up to 94 industrial scale wind turbines for a total installed capacity of 150 megawatts. The full lease agreement can be accessed by clicking on the link at the bottom of this page.