Pretty Prairie Wind LLC, a subsidiary formed by NextEra Energy to develop an 82-turbine wind farm in the southeast quadrant of the county, filed the suit in July 2019 after it failed to obtain a conditional use permit to build the project.

Legal Kansas

The lawsuit against Reno County by Pretty Prairie Wind will continue in the local district court after Judge Tim Chambers on Wednesday issued an order denying a motion by the developer for an immediate appeal on an earlier ruling in the case.

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A Reno County judge recently ruled on a key element in a lawsuit filed by NextEra Energy over the denial of a permit for its proposed wind farm in the southeast quadrant of Reno County, finding in favor of the county and wind farm opponents. It was not the only issue in the suit, however, so the lawsuit continues.

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Commissioner’s ‘apparent collaboration’ with wind farm opponents an issue in lawsuit

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Proponents of a wind farm project in the south-central part of Marion County received a favorable nod from the district court on its motion to dismiss a civil suit filed in mid-May.

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A district judge has dismissed with prejudice a lawsuit seeking to block development of a wind farm in Marion County.

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Fifteen Marion County landowners are continuing their fight against Expedition Wind, by asking the court not to grant a motion to dismiss the civil action lawsuit filed in mid-May. The lawsuit, according to the legal document filed July 26, stated that it’s too early to dismiss because the expected findings, which will come from discovery, have yet to be entered before the Eighth Judicial District in Marion County.

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Only a week after 70 opponents of a wind farm filed a lawsuit against Marion County Planning Commission over approving a conditional use permit, they dismissed the case. The plaintiffs dismissed the suit July 17 before the planning commission filed an answer.

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NextEra Energy and some six dozen owners of land in Reno County filed suit in district court this week. The group seeks to reverse the county’s denial of a conditional-use permit for a proposed wind farm in the southeast part of the county.

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District judge Steven Hornbaker on Friday told wind farm opponents they had until Wednesday to file any further motions with the court and said he will issue a memorandum decision in about 10 days. The wind farm company, county commissioners, and the county clerk are defendants in the lawsuit.

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A petition was iled Thursday in district court by Overland Park lawyers Robert Harken and Robert Titus on behalf of 15 wind farm opponents. The petition seeks a judge’s review, declaratory relief, and a temporary restraining order. It also claims the state open records act was violated.

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County commissioners balked Monday at paying a bill from Wichita attorney Pat Hughes that includes consultations regarding a proposed wind farm in the south portion of the county.

Legal Zoning/Planning Kansas

Woman angrily walks out of county meeting Opponents of a proposed wind farm that would span from Florence to Aulne to north of Peabody have hired two lawyers in an effort to stop potential development. 

Legal Zoning/Planning Kansas

In December, the county commissioner overturned a recommendation by the Sumner County Planning Commission to deny a permit.  The commission denied the permit by a 5-3 vote two weeks earlier ...However, Mott cited in a 20-page ruling issued on Sept. 21, that the Commissioners lacked the jurisdiction to approve such a permit and overturn the Planning Commision.

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An attorney for a group of landowners who didn't want the wind farm says he learned of the judge's ruling late Thursday. He explains the District Court judge ruled the paperwork for the wind farm was improperly copied from a similar proposal developed last year.

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Nearly 60 Sumner County residents are named in the suit, which claims the project was ramrodded through without residents being properly notified of hearings.

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BURLINGTON – A series of lawsuits involving contractors who haven’t been paid for their services in constructing the Waverly Wind Farm have been continued to Thursday of this week in Coffey County District Court, and are being watched closely by people on both sides of the brewing debate over a wind farm project in eastern Anderson County.

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County commissioners amended the regulations in March by reducing the minimum distance between a wind turbine tower and a leaseholder’s residence from 1,320 feet to 500 feet. The petition filed by Wildcat Creek Ranch alleges the change unreasonably increases safety risks to property owners in and around wind farms.

Impact on People Legal Zoning/Planning Kansas

This court case dates back to 2004, and a decision by the Wabaunsee KS county board to ban industrial wind turbines in the county. The suit was filed by land owners in the county, and the wind developers to whom they leased their land. In 2007, the district court dismissed most of the claims. In this decision the Kansas Supreme court upholds most of the findings of the lower court. A portion of the decision is provided below. The full decision can be accessed by selecting the document links on this page.

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