LOCATION/TYPE

NEWS HOME

[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Archive
RSS

Add NWW headlines to your site (click here)

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

Selected Documents

All Documents

Research Links

Alerts

Press Releases

FAQs

Campaign Material

Photos & Graphics

Videos

Allied Groups

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

News Watch Home

Judge dismisses lawsuit to block wind farm plans 

Credit:  By Phyllis Zorn, Staff writer | Marion County Record | marionrecord.com ~~

A district judge has dismissed with prejudice a lawsuit seeking to block development of a wind farm in Marion County.

The lawsuit, originally filed May 16, was against wind farm developer Expedition Wind, the board of county commissioners, and the county clerk.

A dismissal with prejudice means the plaintiffs cannot bring another lawsuit based on the same claims.

Patrick Pelstring, manager of Expedition Wind, said he and the more than 100 landowner families are pleased with the ruling.

“The court confirmed that the Doyle conditional use permits issued for this wind project are valid and have not expired,” he said. “The attempt by the plaintiffs in this lawsuit to impose conditions on the project that do not exist in the conditional use permits or zoning regulations was frivolous and the court has rejected their claims, dismissing the lawsuit entirely.”

Pelstring said the company believes the lawsuit was a stalling tactic that had no merit from the start.

In a memorandum ruling issued Friday by judge Steven Hornbaker, he wrote that the time for an appeal of amendments of planning and zoning regulations for 2016 ended in January 2017. He said individual notice to affected property owners was not required.

The county had published a notice of public hearing on its proposed amendments, which Hornbaker said was all it was required to do because the amendments were general revisions to regulations.

Hornbaker also said that Expedition wind farm developers were not required to submit a power purchase agreement to commissioners within a set time frame, as opponents contended, only to submit one before any building permits are granted.

Hornbaker ruled that wind farm opponents’ contention of a Kansas Open Records Act violation was not viable.

“The theory that plaintiffs were somehow denied access to public records because they did not want to make a records request using the county’s standard Kansas open records act request form is not actionable,” Hornbaker said.

Opponents had requested the records under a Freedom of Information Act, which “applies only to federal and not state agencies,” he wrote.

Nevertheless, the county treated opponents’ request as a Kansas open records request, he wrote.

“In the single instance plaintiffs requested records, they timely received the same,” Hornbaker wrote.

In July, wind farm opponents filed a lawsuit against Marion County Planning Commission over approving a conditional use permit, and then dismissed the case a week later.

Opponents filed a third lawsuit two weeks ago, this one against county commissioners. It appeals commissioners’ July 8 approval of the most recent conditional use permit for the wind farm project.

“The new lawsuit filed against the county is more of the same improper and unsupportable claims by the same people trying to interfere with the project, and Expedition Wind will continue to vigorously pursue its project,” Pelstring said. “These delays are expensive and divisive for everyone, especially county taxpayers.

“It’s time to move forward with the project and given the clear decision by the court, we would encourage the plaintiffs to cease any and all future actions. It’s time to accept that the county’s planning and zoning process is sound, and that it provides for effective decision-making by the county’s elected officials. Rather than continuing to pull apart, let’s start working together to build a stronger, more economically viable Marion County.”

Randy Eitzen, lead plaintiff in the lawsuit, did not respond to a request for comment.

Source:  By Phyllis Zorn, Staff writer | Marion County Record | marionrecord.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. 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. Send requests to excerpt, general inquiries, and comments via 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


News Watch Home

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