Library filed under Legal from Indiana

Area wind project dealt huge blow

“The Board of Zoning Appeals went through that massive hearing, reviewed the evidence and did a superb job of analyzing the information and making their decision,” Snyder said. “So I think from the standpoint of the (decision), Judge Bailey’s standpoint is very detailed and clearly shows the connection between the evidence that was presented and the 2,300-foot setback.” 
3 Jun 2016

Court rules in favor of county setback regulations

Image2016-06-01-153709_thumb In regards to the request for a judicial review filed by Apex, Judge Bailey of Greensburg entered his judgment on June 1, 2016 affirming the Rush County Board of Zoning Appeals July 1, 2015 decision, with the Setback Condition. If no appeal is filed, the judicial review will conclude. A brief summary of the ruling can be found below. The order issued by the judge can be accessed by clicking the link(s) on this page. 
1 Jun 2016

County responds in wind farm suit

Among the concerns from some included the ambiguous language in the original decommissioning agreement and the length of time listed for the security bonds required to pay for the decommissioning of the wind turbines – which appeared to much for a much shorter period of time than the estimated lifespan of the wind farm project, which is required by Fayette County zoning code. 
13 May 2016

Request for declaratory judgment: Whitewater Wind LLC

Complaint-filed-whitewater-wind-nextera_thumb This complaint, filed by residents of Fayette County, Indiana, seeks a declaratory judgment by the Fayette Circuit Court that both the Decommissioning Plan and its addendum between the county and NextEra Energy Resources in reference to the proposed Whitewater Wind facility, be declared invalid and void, for failing to comply with the county’s zoning ordinance. The complaint also seeks “costs of this action” and other relief. Paragraphs 9-13 of the complaint are presented below. The full complaint can be accessed by clicking the document on this page.
15 Mar 2016

Wind farm fight hits courts

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. 
14 Mar 2016

Fight over proposed wind farm for Fayette, Henry and Rush counties hits courts

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.
14 Mar 2016

Apex Clean Energy: Tort claim against Rush County, IN

Apex-notice_of_tort_claim_3-4-16_thumb 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. 
4 Mar 2016

Wells County wind turbine appeal denied by Indiana Court of Appeals

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.
25 May 2015

DUNMOYER, JAMES E., ET AL. v. WELLS COUNTY, IN AREA PLAN CO.

05121501jsk_thumb 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.. 
12 May 2015

Wind farm owner sues Duke Energy Indiana

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.
27 Dec 2013

Wind farm says Duke violated contract

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.”
21 Dec 2013

Prairie Breeze Wind Farm land lease and easement agreement

Prairiebreezelandlease_thumb 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.
27 Jul 2013

http://www.windaction.org/posts?location=Indiana&p=4&topic=Legal
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