Library filed under Legal from Indiana

Special judge to hear Miami County wind farm lawsuit

A lawsuit alleging Miami County’s wind-energy ordinance is unconstitutional is set to be decided by a special judge after all the county’s judges recused themselves from the suit. ...The suit argues the wind ordinance violates both the U.S. and Indiana constitutions by restricting land rights.
5 Jun 2018

Miami Co. faces lawsuit over wind farm ordinance

The county wind-farm statute requires a minimum setback of 1,000 feet from residential properties and bars property owners from building a residential structure within the setback area. That means even landowners who aren’t participating in the project could not build a residential building, or add onto their current home, if it’s within 1,000 feet of a wind turbine.
8 Feb 2018

Landowners sue Cass County over wind rules

The complaint refers to Cass County's wind energy conversion systems ordinance, which requires wind turbines to be at least 1,000 feet from homes. That means no homes can be constructed within 1,000 feet of wind turbines, which the complaint states "authorizes the taking of private property without compensation being paid."
24 Jan 2018

New judge selected in wind case; Previous judge retired at start of month

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.
12 Oct 2017

Wind company dealt blow by Supreme Court

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.
30 May 2017

Emails appear to indicate possible conflict of interest

“After review of the documentation received, the appearance of procedural errors is present, while the question of good governance is also raised,” Elmore said. “The public deserves to be aware of a some questionable emails, concerning appointed or elected officials using the Planning Commission as a liaison for their personal business.”
3 May 2017

Rush County BZA being challenged by new company

West Fork Wind LLC, also known as NextEra Energy Resources, last month filed a civil action in Rush Superior Court requesting a judicial review of the Rush County BZA’s decision, in December 2016, regarding NextEra’s special exception permit application for the construction of 22 industrial wind turbines within the county, as part of the West Fork Wind Energy Center project. The project is slated to span Rush, Fayette and Henry counties.
16 Feb 2017

Court upholds Rush County wind decision

The Indiana Court of Appeals Tuesday morning issued its opinion on the case involving Flat Rock Wind, LLC. – also known as Apex Clean Energy – and the Rush County Area Board of Zoning Appeals, with that opinion upholding the decision back in July 2015 to enact a 2,300-foot setback distance, from non-participating property lines, on Apex’s special exception permits for construction of industrial wind turbines as part of the proposed wind project which is slated to span both Rush and Henry counties.
15 Feb 2017

Denial of Flat Rock Wind upheld by Appeals Court: Decision

Flatrockwind-rushcountyin-appealorder_thumb An application prepared by Apex Clean Energy to construct and operate the Flat Rock wind facility was submitted to the Rush County Board of Zoning Appeals (the “BZA”) on March 15, 2015. The 180 MW project consisted of 95-3 MW turbines with approximately 66 turbines located in Rush County and the remaining turbines to be sited in Henry County. The Rush County BZA ultimately approved the application with the condition that the setback distance between the wind turbines and non-participating properties be 2,300 feet. The County's ordinance established a setback distance of 1,000 feet. Apex filed a petition before the Rush County Superior Court for judicial review of the BZA’s decision. On May 27, 2016, a judge issued findings of fact and conclusions of law that upheld the BZA’s approval with the 2,300-foot setback provision. Apex appealed the decision to the Indiana Court of Appeals. The decision by the Appeals Count was in favor of Rush County. The full decision can be accessed by clicking the links on the page. A portion of the decision is provided below.
14 Feb 2017

Energy firm must pay for farm’s unused wind power

The parties’ contract anticipated who is liable when transmission facilities are not available. “Duke is to pay for power not taken,” Easterbrook wrote. “Duke could build its own transmission lines or buy extra capacity from NIPSCO [a grid owner] or some other firm.”
8 Dec 2016

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 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

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

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