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Defendants file motions in wind farm lawsuit

Defendants in a civil case over an eastern McLean County wind farm filed a motion Wednesday to separate one complaint from the case and dismiss others.

The lawsuit filed in May accuses the McLean County Board and Horizon Wind Energy of ignoring or downplaying dangers such as high voltage, cancer risk and noise, shadow and light pollution.

Bloomington Attorney Jack Vieley filed the suit on behalf of Lawrence and Rene Taylor, an Ellsworth family living near the construction site for the Twin Groves Wind Farm.

McLean County Assistant State’s Attorney Brian Hug said part of what he wants is to have a previous request for a judge to review county approval of the project to be removed from the lawsuit so it can be filed separately.

“It doesn’t require any presentation of evidence or anything because what we do is present the record from the county zoning board of appeals and the county board,” Hug said, adding that issue can then be resolved more quickly.

Bloomington attorney Jack Vieley said he would object to separating the suits because it “seems senseless to have two cases if you have one set of facts.”

Documents also request dismissal of some trespass complaints and other counts. Vieley said he doesn’t see merit in the defense motion.

A hearing on the motion is scheduled for Dec. 8.

By Pantagraph staff