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New judge appointed 
in local wind farm fight  

Credit:  By Donna Barker, www.saukvalley.com 6 September 2011 ~~

PRINCETON – A new judge has been appointed to hear the Walnut Ridge complaint filed in Bureau County Court by 37 Walnut-area residents and landowners.

Thirteenth Judicial Circuit Chief Justice H. Chris Ryan has assigned Judge Joseph Hettel to hear the case, in which the plaintiffs are seeking to stop Walnut Ridge Wind from building a 150-turbine wind farm in northwest Bureau County.

Named as defendants are the county, the County Board, each member of the board and Walnut Ridge Wind LLC.

One of the plaintiffs, Friesland Farm LCC, filed a request for substitution of Associate Circuit Judge C.J. Hollerich. Plaintiff Steve Gerdes, president of Friesland Farm, also filed a request for substitution of Circuit Judge Marc Bernabei.

The requests were sent to Ryan, who assigned Hettel.

Hettel has ordered the plaintiffs to file a response on or before Oct. 7 to a motion to dismiss the case, which Walnut Ridge filed on Aug. 3.

The plaintiffs will have until Oct. 28 to file a reply. A hearing on the motion to dismiss will be held Nov. 10 at the LaSalle County Courthouse in Ottawa.

The 450-page, 117-count complaint, filed June 30, claims the County Board did not have the authority or jurisdiction to grant the original conditional-use permits to Walnut Ridge Wind in August 2008, nor the authority to approve the permit-extension requests in April.

In its 20-page motion to dismiss, Walnut Ridge it states that the plaintiffs’ claims are untimely and should be dismissed.

Source:  By Donna Barker, www.saukvalley.com 6 September 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 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.

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