El Paso County Property Rights Coalition v. El Paso County, NextEra

El Paso County Property Rights Coalition, a Colorado, a Colorado limited cooperative association et. al. filed this complaint against the Colorado County Commissioners of El Pase County and NexEra Energy Resources following the county's approval of the Golden West wind energy facility, a 250 MW project. The project was initially approved by the County in December 2013. Within weeks of the project permit being issued, NextEra Energy acquired the rights of the project and started the process of amending the plans to move the turbines, increase their height and seek permission to raise the transmission line so it was above ground. On January 6, 2015, the Planning Commission considered the amended project and ultimately recommended it be denied by a 6-3 vote.

The Planning Commission articulated the Project should be denied for, the following reasons:

a. The Project deficiently maintains the health, safety and welfare of the surrounding community, including those concerns particularly related to amending the proposed transmission lines from buried to elevated;

b. The failure of the Project to functionally and aesthetically integrate within the context of adjoining properties; and, 

c. The adverse impact caused by the Project on property rights of adjacent/nearby property owners. 

The complaint argues that the Board of Commissioners erred in its decision and abused its discretion in consideration and approval of the Project in failing to adequately consider the Planning Commission’s findings and adhering to the Planning Commission’s recommendation that the BOCC deny the Project.

In addition to the complaint, the plaintiffs also filed a Motion for Injunction to keep NextEra from proceeding with construction until the court can rule on the filings. 

The documents filed with the court can be accessed by clicking the links on this page. 


Download file (206 KB) 03

Motion for Injunction

Download file (228 KB) 04

MAR 17 2015
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