Judge Colwell assigned to COG v. DeKalb County wind farm case
GENEVA – A Kane County judge has assigned himself to a case in which a citizen’s group is trying to halt construction of a wind farm in southwestern DeKalb County.
But no firm date has been set for arguments in the case. Citizens for Open Government wants a judge to issue a temporary restraining order to stop work on the wind farm project. DeKalb County, which is being sued, wants a judge to dismiss the case entirely.
Judge Michael Colwell, whose courtroom is in the old courthouse in Geneva, will preside over the case. Any hearings in which lawyers argue the substance of the case will be held in DeKalb County. So-called “status” hearings – routine updates on a case that typically involve only lawyers and not the actual plaintiffs and defendants – will be held in Geneva, Colwell ruled.
Colwell would travel to DeKalb County for arguments and any potential trial for the convenience of the plaintiffs and defendants involved, said DeKalb County State’s Attorney John Farrell.
Lawyers are scheduled to appear in Colwell’s courtroom at 9:30 a.m. August 18 for a status hearing. The hearing would be moved to DeKalb County if lawyers decide to hold arguments that day.
Colwell is taking the case after lawyers for the citizens group sought a judge who is not from DeKalb County. The 16th Judicial Circuit includes Kane, Kendall and DeKalb counties.
Citizens for Open Government is suing DeKalb County, all 24 county board members, and Florida Power & Light Energy Illinois Wind LLC, the parent company of NextEra. The lawsuit stems from the county board’s June decision to allow NextEra to build a 119-turbine wind farm in southwestern DeKalb County. The group claims a wind farm is not a recognized special use according to the county’s zoning laws.
County officials disagree.
Work has begun on the Lee County portion of this project, and NextEra is in the process of getting permits for individual turbines from DeKalb County.
By Kristen Schmidt
5 August 2009
Tags: Wind power, Wind energy
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