[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Add NWW headlines to your site (click here)

Get weekly updates

when your community is targeted


RSS feeds and more

Keep Wind Watch online and independent!

Donate via Paypal

Donate via Stripe

Selected Documents

All Documents

Research Links


Press Releases


Campaign Material

Photos & Graphics


Allied Groups

News Watch Home

Wind farm files motion to dismiss lawsuit 

Credit:  By Donna Barker, Shaw News Service, www.saukvalley.com 13 August 2011 ~~

PRINCETON – A motion to dismiss a lawsuit concerning the proposed Walnut Ridge wind farm, filed June 30 against the Bureau County Board and others, has been entered in Bureau County Court.

A group of Bureau County residents filed a complaint on June 30 against Bureau County, the Bureau County Board, each member of the Bureau County Board as individuals in their official capacities, and against Walnut Ridge Wind LLC. The complaint was filed to stop the building of the proposed 150-turbine Walnut Ridge wind farm in northwest Bureau County.

The recent motion to dismiss the lawsuit was filed Aug. 3 in the Bureau County Courthouse by defendant Walnut Ridge LLC.

In the 20-page motion, the defendant states each of the 117 counts of the Walnut Ridge complaint challenges the Bureau County Board’s actions in 2008 and in 2011 concerning the proposed Walnut Ridge project. According to the motion to dismiss, the plaintiffs’ claims within each count are based upon conditional-use permits granted by the county board in 2008 and are all untimely and should be dismissed, with prejudice.

According to the motion, Illinois law states all actions for judicial review of a special use granted by a county board “shall be commenced not later than 90 days after the date of the decision.” The plaintiffs failed to state a valid claim as to either the conditional-use permits granted in 2008 or with the extensions granted in April 2011, the motion states.

In separate court action, plaintiff Friesland Farm LLC has filed a request for substitution of judge, so that Associate Circuit Judge C.J. Hollerich would not hear the case. In a second action, plaintiff Steve Gerdes, who is president of Friesland Farm, has filed a request for substitution of judge, so that Circuit Judge Marc Bernabei would not hear the case.

According to law, each party in the lawsuit is entitled to one substitution of judge without stating a cause. The requests have been transferred to the 13th Judicial Circuit Chief Justice for reassignment of a judge.

Source:  By Donna Barker, Shaw News Service, www.saukvalley.com 13 August 2011

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)


e-mail X FB LI TG TG Share

News Watch Home

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


Wind Watch on X Wind Watch on Facebook

Wind Watch on Linked In Wind Watch on Mastodon