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Hursh: Wind-farm rejection to be added to court record

Rockford Register Star|Rob Baxter|July 14, 2006
IllinoisGeneral

BELVIDERE — The fate of Boone County’s first wind farm may not be decided until Sept. 15 when the issue comes before Circuit Judge Gerald Grubb. Boone County State’s Attorney Jim Hursh said Wednesday’s 7-4 vote against the Boone Heritage Wind Farm LLC proposal will be part of the court record as the judge renders his decision.


“I am sure we will be able to make arguments again and the judge will look at what has been done and what is being presented and make his decision,” Hursh said.

Grubb ruled May 10 that the Zoning Board of Appeals’ earlier decision to recommend that the County Board deny the special-use request for the farm was “logically inconsistent” because the committee found that the proposal met six criteria for a special-use permit. The full County Board voted 8-4 against the project in October, prompting attorneys representing the wind farm to ask the court to review the decision.

The judge ruled the request needed to be heard again by the appropriate parties or the full County Board should approve the request. That led to a special meeting on …

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“I am sure we will be able to make arguments again and the judge will look at what has been done and what is being presented and make his decision,” Hursh said.

Grubb ruled May 10 that the Zoning Board of Appeals’ earlier decision to recommend that the County Board deny the special-use request for the farm was “logically inconsistent” because the committee found that the proposal met six criteria for a special-use permit. The full County Board voted 8-4 against the project in October, prompting attorneys representing the wind farm to ask the court to review the decision.

The judge ruled the request needed to be heard again by the appropriate parties or the full County Board should approve the request. That led to a special meeting on May 23, at which the County Board voted 5-4 in favor of the project. That meeting was ruled void by Grubb this month, setting the stage for Wednesday’s meeting.

A motion also was filed in Boone County Circuit Court Wednesday by Rockford attorneys Nancy Schilling and Robert Frederickson citing at least three items they say are missing from the certified court record that has been presented as evidence in the case. The items include reports and a binder containing mostly information on quality-of-life issues as they relate to wind farms.

Graffiti plan needs tweaking

The board voted to send a proposal back to its Public Safety Committee that calls for a county anti-graffiti ordinance. Board members would like the panel to review the effects the ordinance would have on home-, business and property owners who would be liable to clean up the graffiti within 10 days.

Staying ahead of the water

The board also approved creation of the Stormwater Management Planning Committee. Its goal: to establish a countywide plan for the management of storm water runoff, which has increased with the rapid growth and development of the county.

The committee will consist of at least six members. Terri Glass, Marshall Newhouse and Karl Johnson were appointed Wednesday night, representing each County Board district. Three other members will be appointed according to state statutes, and additional members may be appointed later.

Mutual help in emergencies

The County Board entered into an Illinois/Wisconsin Border County Mutual Aid Agreement that calls for a regional response to natural and man-made emergencies that has been in the works for six years and was brought forward by the Boone County Health Department.

It does not cost the county any additional money but enhances its ability to deal with public health emergencies.

Associated with Vandewalle

The board also entered into an agreement for Illinois 173 corridor planning services with Vandewalle and Associates of Madison, Wis.


Boone County Bureau chief Rob Baxter can be reached at 815-544-3452 or rbaxter@rrstar.com.

 


Source:http://www.rrstar.com/apps/pb…

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