Appeal keeps Hope Ridge Wind Farm Project on hold

The legal battle over the proposed Hope Ridge Wind Farm continues after plaintiffs filed an appeal in their lawsuit against the project — a move that effectively extends a pause on construction and county negotiations tied to the development.

The wind project, proposed by Enel Green Power, would be located in northeast Dickinson County and involves agreements with about 150 participating landowners across more than 50,000 acres.

The project has faced opposition from a group of residents who earlier challenged the county’s approval in court. A lower court ruled against the plaintiffs, leading them to take the case to a higher court.

A lawsuit filed Dec. 16, 2024, in the Eighth Judicial District Court argues that the County’s approval of a Conditional Use Permit for a wind farm was “unreasonable and unlawful.” The suit claims the application failed to meet the minimum requirements for a commercial wind energy permit under Dickinson County zoning rules.

The case was later moved to the Fifth District Court where Judge Lee Fowler concluded that none of the alleged errors raised by the plaintiffs merited reversal or remand of the BOCC’s decision to approve the Conditional Use Permit requested by Enel Wind Energy.

“The process for noticing and considering the application was fully transparent and every Plaintiff was given the opportunity to object and state their arguments to deny the application,” the summary stated. “The decision of the Dickinson County Board of County Commissioners was based on substantial record of public commentary and public hearing testimony and was reasonable and lawful. The plaintiff’s motion for summary judgment is hereby denied. The summary judgment motion of the defendant BOCC is hereby granted. The decision of the Board of County Commissioners of Dickinson County is affirmed.”

Appeal stops project movement

Although the appeal does not introduce new claims, it has the practical effect of keeping the project frozen.

Dickinson County Planning and Zoning Director Tim Hamilton said there is currently no clear timeline for when the appeal will be heard.

“We do not know. At this point, it’s kind of up in the air,” Hamilton said. “Historically, if it takes six months … the higher up you go in court, the more cases they’re having to deal with. But I don’t know. We don’t really know.”

Hamilton confirmed that as long as the court case remains open, the county and developer cannot move forward.

“Everything is pretty much at a standstill,” he said. “They won’t be able to pull a building permit, basically, until the legal actions are resolved.”

Hamilton said the plaintiffs are not filing new arguments, but instead asking a higher court to review the same issues.

“They’re just taking it to a higher court to see if the higher court will rule differently than what the lower court did,” he said.

Until the appeal is settled, county officials will remain on pause.

“We can’t really do anything as far as negotiating agreements or anything like that,” Hamilton said.