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.
Articles 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.
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.
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.