Franklin Circuit Court II Judge Clay Kellerman was selected last week as special judge in the civil case involving West Fork Wind LLC and the Rush County Board of Zoning Appeals, in which West Fork Wind – better known as NextEra Energy Resources – is challenging the Rush County BZA’s decision on their special exception permit applications back in December 2016.

Legal Indiana

After several weeks of study, commissioners are ready to amend the county Wind Conversion System ordinance regarding the constant noise level that comes from an active windmill. Presently, the ordinance sets a maximum noise allowed at 60 decibels. Commissioners plan to set the maximum decibel level at 30. 

Zoning/Planning Indiana

INDIANAPOLIS — Indiana should not regulate statewide zoning requirements for wind turbine development, those in the industry said Thursday, despite requests from Hoosiers who favor state controls to assure consistency.

Legal Indiana

INDIANAPOLIS — Some Hoosiers say the state needs to regulate how and where companies can build wind turbines.

Zoning/Planning Indiana

Concerns are growing about potential ethics violations by wind companies and some county officials who approve their projects. Thursday, a bill designed to address those issues is gaining support from state representative Heath VanNatter, the House’s vice chair for the Utilities and Energy Committee.

General Indiana

As of this writing, local wind turbine projects seem to have run their course with local decision-makers. A lawsuit is still working its way through the system to clarify whether or not those boards ever had authority to give a green light to the power producers in the first place.

Legal Zoning/Planning Indiana

Russ Phillips, a former Caston school principal who lives in the proposed wind farm area, came to their meeting with a set of questions. He received answers to some, but not all, of them. There are some things, commissioners said, they just don’t know yet about the proposed wind farm.

General Indiana

Roughly nine months after their decision effectively hampering a proposed wind farm project in Rush County, the Rush County Board of Zoning Appeals will again decide on a permit application from the company working on that project.

Transmission Indiana

“We have found that having planning and zoning is the best way to stop wind farms,” Hoffman said after the meeting. “Many counties use (planning and zoning) to stop wind farms.” The petition contained signatures from approximately 35 northern Montgomery County residents. Commissioners accepted the petition without comment.

General Indiana

The denial means that NextEra and Apex will have to start from scratch with the Planning Commission in the approval process, should they wish to pursue a CAU again. 

Zoning/Planning Indiana

The Henry County Area Plan Commission, during its meeting Thursday night, effectively denied a year extension which had been requested by NextEra Energy Resources in regard to the West Fork Wind Project, along with denying a year extension for Apex Clean Energy concerning its Flat Rock Wind Project.

Zoning/Planning Indiana

A meeting has yet to be scheduled for the committee this summer, but when they do meet, they are charged with specifically studying the construction of wind power devices in Indiana, along with the health effects, public safety implications, issues of property valuation, policies defining conflicts of interest and issues concerning economic development.

Safety Indiana

A landowner has the right to install a wind turbine or anything else on his property but he has the responsibility to make sure it doesn’t harm his neighbors. Scientific studies suggest that low-frequency noise from wind turbines, for example, may make people sick ...If that turns out to be true, the landowner should be forced to take steps to prevent such harm, 

Impact on People Property Values Indiana

UPLAND -- Taylor University’s iconic turbines no longer tower over the flat landscape of Upland.The university encountered a series of problems with the turbines and it would cost more than $50,000 to repair them, according to Director of Media Relations Jim Garringer.

General Indiana

General Indiana

Judge Linda Ralu Wolf of Delaware Circuit Court No. 3 will replace Henry Circuit Court 1 Judge Bob Witham regarding two court suits that claim the Henry County Planning Commission failed to give proper notice in October 2009 of the public hearing for a new proposed wind energy conversion system (WECS) ordinance.

Zoning/Planning Indiana

Residents are speaking out against a pair of proposed wind farms north of Crawfordsville. A group called No Wind Farm Montgomery County says the projects are too close to neighboring homes and pose risks to public health and the environment.

General Indiana

The state’s highest court ruled May 25 to deny a request from Flat Rock Wind, LLC. – also known as Apex Clean Energy – to hear the case of the company’s appeal of the decision, made earlier this year by the Indiana Court of Appeals, upholding a Rush County judge’s decision that the Rush County Area Board of Zoning Appeals was within its right to enact a 2,300-foot setback distance for industrial wind turbines in the proposed Flat Rock Wind Farm.

Legal Indiana

NextEra’s next hurdle is getting the planning commission to grant an extension for a Commission Approved Use (CAU) that is already in place. During a May 18 meeting, the planning commission did not have enough votes to approve or deny a request for a second one-year extension.

General Indiana

The Henry County Planning Commission did not have enough votes either way at the most recent meeting to approve or deny requests from two separate wind farm companies who wanted a second one-year extension of the commission-approved uses (CAUs) that will let each company continue to develop their industrial wind turbine projects in the southern part of the county.

Zoning/Planning Indiana