The Iowa Supreme Court reversed a lower court's decision, halting a $7 million wind turbine project in Worth County despite earlier development efforts by Worthwhile Wind. The Court ruled that Worthwhile lacked the necessary permits and failed to prove the county acted in bad faith when enacting regulatory measures like setback distances. Justice McDermott dissented, arguing the project should proceed based on vested rights.
The Iowa Supreme Court reversed a lower court's decision, halting a $7 million wind turbine project in Worth County despite earlier development efforts by Worthwhile Wind. The Court ruled that Worthwhile lacked the necessary permits and failed to prove the county acted in bad faith when enacting regulatory measures like setback distances. Justice McDermott dissented, arguing the project should proceed based on vested rights.
DES MOINES — The Iowa Supreme Court on a six-to-one vote has reversed a Worth County district court judge’s decision that allowed a company to proceed with their wind energy project despite a moratorium on development in the county.
Worthwhile Wind had started development of a $7 million wind turbine project prior to the Worth County Board of Supervisors enacting a moratorium in 2021, with an ordinance on wind energy development being approved by the board in 2022 that brought the project to a halt.
District Judge Colleen Weiland ruled that Worthwhile’s vested interest coupled with the Worth County Supervisors “bad faith” efforts to stop the project should allow Worthwhile to resume construction.
The majority opinion of the Supreme Court …
... more [truncated due to possible copyright]DES MOINES — The Iowa Supreme Court on a six-to-one vote has reversed a Worth County district court judge’s decision that allowed a company to proceed with their wind energy project despite a moratorium on development in the county.
Worthwhile Wind had started development of a $7 million wind turbine project prior to the Worth County Board of Supervisors enacting a moratorium in 2021, with an ordinance on wind energy development being approved by the board in 2022 that brought the project to a halt.
District Judge Colleen Weiland ruled that Worthwhile’s vested interest coupled with the Worth County Supervisors “bad faith” efforts to stop the project should allow Worthwhile to resume construction.
The majority opinion of the Supreme Court in its ruling issued this morning says Worthwhile’s vested rights claim fails as a matter of law. The majority says Worth County never formally approved a plat for the project, and Worthwhile never applied for or obtained a permit to construct or operate the wind turbines.
The majority also says Worthwhile has not carried the burden of showing the Board of Supervisors acted illegally in bad faith, saying the new ordinance imposed things such as setback distances and height limitations, which are routine regulatory measures local governments routinely adopt.
Justice Matthew McDermott was the lone dissenter, saying the majority opinion blesses the county’s about-face and effectively kills the project despite it being in its advanced stage.
McDermott says the facts easily established that the developer has a vested right under the court’s precedents to finish the project.
You can read the full opinion by clicking here