Library from Indiana

Rush Co. wind fight hits Court of Appeals

APEX Clean Energy, last week filed its appellant brief with the Indiana Court of Appeals contesting the May decision by Rush Superior Court Judge Matthew D. Bailey, which upheld the Rush County Board of Zoning Appeals decision in 2015 to enact a 2,300-foot wind turbine setback from non-participating property lines.
16 Aug 2016

Wind turbine farm considered in Berrien County

Wind turbines standing 600 feet high could be going up in Berrien County, but everyone involved cautions there are many hurdles to clear and it would be years before the project could become a reality. ...For wind turbines to go up in Weesaw Township, though, a ban on commercial wind farms would have to be lifted.
5 Aug 2016

Wind farms whipping up opposition across rural Indiana

Private developers are in an aggressive push to double the number of Indiana's wind farms. But they must contend with neighbors, lawsuits and the fickle support of elected officials who once welcomed them and are now changing their minds. ...Kenney said the state won't push for wind-energy projects where they're not welcome.
6 Jul 2016

Brevini Wind division to close

Richardson said the company will honor its obligations to the county and repay money for failing to create jobs in return for funds to develop the business. The company was originally to create 410 jobs, and paid $375,000 in penalties last year for failing to meet numbers.
29 Jun 2016

Wind company responds to suit; Special judge named in case

The group of county landowners, who reside in those townships, are challenging the decommissioning agreement between Whitewater Wind LLC and the county commissioners based on their claims that the agreement did not adhere to the county’s zoning ordinance, specifically regarding financial assurance related to the decommissioning and removal of commercial wind turbines once they’ve reached their lifespan of roughly 30 years.
26 Jun 2016

Appeal of judge decision filed by Flat Rock Wind

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.
25 Jun 2016

Local judge bows out of wind farm battle

Fayette Circuit Judge Beth A. Butsch, who had been presiding in the court case involving Fayette County Commissioners, Whitewater Wind LLC – aka NextEra Energy Resources – and the group of 34 county landowners challenging the legitimacy of the county’s wind turbine decommissioning agreement with NextEra, recused herself this week from the case.
17 Jun 2016

Wind farms whipping up opposition across rural Indiana

A wind-farm aversion is driving a handful of other rural counties — including some that already have turbines — to put moratoriums on any future development as local debate unfolds. “They’re losing favor all over the state,” said Campbell, who’s now working with like-minded opposition in other communities.
9 Jun 2016

Wildcat Wind Turbine blade failure

Wildcatwind-bladefailure_thumb Another of the GE 1.6 megawatt wind turbines at the Wildcat Wind facility in Tipton and Madison Counties, Indiana, experienced a catastrophic failure. Residents in the area have lost county the number of times this has happened at the site. Special thanks to the folks in Tipton County for sharing this photograph taken at the site.
8 Jun 2016

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

http://www.windaction.org/posts?location=Indiana&p=6
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