[ exact phrase in "" ]

[ including uploaded files ]

ISSUES/LOCATIONS

List all documents, ordered…

By Title

By Author

View PDF, DOC, PPT, and XLS files on line
Get weekly updates

WHAT TO DO
when your community is targeted

RSS

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Paypal

Donate via Stripe

RSS

Add NWW documents to your site (click here)

Wind Watch is a registered educational charity, founded in 2005.

Ruling lets stand prohibition of wind farms in Wabaunsee County, Kan. 

Author:  | Aesthetics, Economics, Kansas, Law, Ordinances, Property values

Wabaunsee County in Kansas prohibited large wind turbines (more than 100 kW or 120 feet total height) throughout the county. Landowners who wanted to lease their land for them sued. This is the final district court ruling, dismissing the landowners’ complaints. The county also limited small wind systems to one per 20 acres, and only on parcels of at least 20 acres.

“The concept of public welfare is broad and inclusive. … The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of legislature [to have] determined that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. …

“The County found that placing the complexes of wind farms, of the size and scope necessary to accomplish their intended purpose, would have a dramatic, and adverse, effect upon all of the general welfare issues found in the comprehensive plan. …

“A review of the certified record finds repeated documents and minutes of meetings, both of the commissioners themselves and of public hearings, wherein the pros and cons of wind farms were discussed.

“The Court finds there is substantial evidence which a reasonable mind might accept as adequate to support the conclusions reached by the County.

“[I]n the County’s denial of placing wind farms in the entire county[,] [t]he County didn’t take any existing rights away but only refused to expand the existing rights including wind rights.”

Download original document: “Wabaunsee County Ruling

Also see Kansas Supreme Court ruling: Zimmerman et al. v. Board of Wabaunsee County Commissioners

This material is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this material resides with the author(s). As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Queries e-mail.

Wind Watch relies entirely
on User Funding
   Donate via Paypal
(via Paypal)
Donate via Stripe
(via Stripe)

Share:

e-mail X FB LI TG TG Share

Get the Facts
CONTACT DONATE PRIVACY ABOUT SEARCH
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.

 Follow:

Wind Watch on X Wind Watch on Facebook

Wind Watch on Linked In Wind Watch on Mastodon