The Boone County Board has agreed to delay voting on wind energy setback amendments in fear of opening the county up to a potential lawsuit.
The Board voted 7-5 today to send portions of the ordinance back to the Zoning Board of Appeals. Members were nervous that recently-made changes could violate due process laws. Residents never had the opportunity to weigh in on the suggestions.
There were additions made earlier this month about changing the setbacks from wind devices to property lines. The specific setback distances were also altered.
“All of that together makes a substantial change from what was originally published and presented to the public,” Boone County State’s Attorney Michelle Courier said.
Board member Denny Ellingson said he met with Courier, Board Chairman Bob Walberg and planning staff last week to discuss the possibility of being sued. It was unclear earlier today whether the Board would vote on the amendments.