Articles filed under Legal from Illinois
A lawsuit opposing development of an industrial wind complex in northwest DeWitt County has been filed on behalf of 69 constituents against the DeWitt County Board and Enel Energy, owner of Alta Farms II. “This was something we wanted to avoid, but at this point, we have no choice,” said Olivia Klemm, one of the opponents of the wind farm. “We are not done fighting.”
Rick Porter, the attorney for the 15 neighbors, said he had “yet to deal with a 50-page motion to dismiss.” “It seems they're trying to litigate the entire matter in a motion to dismiss,” he said, adding that it was “before we even have a chance to bring in witnesses” in a trial. He said his clients were “citizens hiring an attorney battling a mega-company with an unlimited budget.”
The suit asks that the special-use permit granted by the Henry County Board last December be declared void because, among other things, the county allegedly failed to hold a public hearing with notice of the particular location of the property. It also alleges Avangrid failed to identify a specific turbine model, the exact number of turbines and the final locations of turbines.
A Jan. 7 Federal Claims Court decision sided with the Treasury Department and ordered a wind energy developer to pay back $5.63 million in grants in lieu of tax credits, an inflated amount that stemmed from the company’s advantageous tax planning.
During a hearing Tuesday in Douglas County Circuit Court, Judge John Kennedy denied a motion by EDP for injunctive relief against Murdock Township's efforts to enforce wind-energy zoning in the township. Kennedy said EDP did not meet the burden of showing the requirements for a preliminary injunction.
According to court documents, the township's new zoning ordinance would make the development of the Harvest Ridge Wind Farm impossible. As a result, EDP is asking the court for injunctive relief against the township's efforts.
Missouri is no longer the lone holdout to approve a high-voltage transmission project scheduled to span four states, bringing wind energy from western Kansas through Northeast Missouri further east.
DECATUR – Construction on the Radford’s Run Wind Farm project in northwestern Macon County will continue after a Macon County judge denied a motion to grant summary judgment for three dozen landowners suing to halt the project.
Rock Island Clean Line withdrew its petition Thursday seeking permission from the Iowa Utilities Board to build an electric transmission line across Iowa — a move that the project's opponents hailed as a victory for state landowners.
The energy company has faced 4 years of fierce legal opposition led by the Illinois Landowners Alliance, the Illinois Farm Bureau, and ComEd. Clean Line Energy learned Nov. 23 of the high court’s decision to review the appellate court’s ruling. The company maintains that the project would bring low-cost clean energy, hundreds of good jobs, and revenue for communities in the project areas.
Built in 2009, Minonk Wind Farm did not provide the county with an updated decommissioning report until this year. Last year, the county hired an independent engineering company to create an updated report, which the wind farm initially agreed to pay for. The company later changed its mind and provided a simplified report of its own.
As a result, the lawsuit alleges, the Haleys' farm was "subject to large amounts of debris and soil infiltration, degrading the effectiveness of the soil on much of the 160 acres."
Macon County officials failed to provide statutory notices for a public hearing as well as essential information in-regard to the proposed wind farm project, a petition for review filed by landowners near the project’s location claims. ...Other issues the claim raises includes how residents who sought information on Twin Forks’ application were not given a copy until after the initial Zoning Board of Appeals meeting, which the case states prevented opposition from gathering information and providing its own experts to speak to the county board on the potential negative impact of the project.
This land is set to become a wind farm, but dozens are suing the county to stop it from being built. Almost 40 residents have signed onto the lawsuit. They say their rights have been violated, specifically their right to due process. Landowners say the county zoning board didn't provide enough notice for meetings about the project and they feel their voices are being ignored.
An Illinois federal judge on Wednesday nixed a bid for attorneys' fees by property owners and renters in a dispute with the federal government over the environmental implications of a proposed tribe-backed wind farm, saying that eligibility issues among the individual plaintiffs had muddied the waters.
After many months of ZBA hearings, Agriculture, Zoning and Emergency Services Committee discussions and a lot of contentious community discussion, the County Board finally voted 13-9 for the appeals board’s recommendation to deny the Invenergy application.
One person speaking in opposition referred to the contract as a bribe and another raised the question as to whether or not the conditions of the contract were within the authority of the school board. The board also heard from a man who once lived within the footprint of an existing wind farm and has since abandoned his home due to the sleep disturbances he said his family experienced once the turbines were activated.
U.S. District Judge Michael Mihm of the Central District Court in Peoria ruled that the wind farm’s contract with the government agency wasn’t exempt from a federal review of environmental impacts. Although the extent of the developer’s obligations under the National Environmental Policy Act are not yet known, the project could be delayed for years.
Highland and Vienna townships are embroiled in a lawsuit with the wind farm, alleging the company breached its contracts by not indemnifying the townships for costs associated with the road repairs. ...“There was a failure associated with a substantial percent of roadways. You had people who couldn’t get to their homes without their cars being completely covered in tar."
“The only way they would satisfy the citizens in the lawsuits I’m involved with is that they not be around,” Gerdes said. “We’re not here to be bought off. We don’t want turbine installations. They damage the quality of life and existence of neighbors who are poor, innocent bystanders. We will fight them forever.”