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.
Documents filed under Legal from Indiana
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.
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.
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.
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..
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.