In their response to the lawsuit filed by juwi Wind against the Tipton County Board of Zoning Appeals and president Jerry Acres, the county contends the company missed a deadline.
The response filed in Tipton Circuit Court on Monday by attorney Michael Andreoli, the BZA and Acres contend juwi Wind failed to file within 30 days a petition to review conditions placed on the Prairie Breeze Wind Farm development as required by state statute.
The BZA on March 20 approved a conditional use permit for Prairie Breeze and set a condition of a 1,500 foot setback from property lines and required the creation of a property value guarantee.
The county ordinance had set a 1,000 foot setback from a residential dwelling for the placement of a wind turbine.
Andreoli wrote in his response that the juwi lawsuit seeks to change the conditions set by the BZA is untimely because of its failure to file an appeal by the April 4 deadline.
Juwi Wind, the developer of the Prairie Breeze Wind Farm in northwestern Tipton County, filed a civil suit seeking a judicial review of the BZA’s decision to impose a 1,500 foot setback from property lines for the placement of wind turbines and to create a property value guarantee plan.
It is alleged in the complaint that the BZA exceeded its authority on placing conditions on the wind farm development in the granting of a conditional use permit, outside the parameters of the county’s wind ordinance.
The company also contends the BZA’s meeting of July 31 was in violation of the Indiana Open Door law because the board voted not to consider a modification of the setback requirement, which was not posted on the agenda. juwi’s modification request was initially denied by Edson.
Leaseholders with juwi Wind filed a lawsuit against the BZA, the company and the Tipton County Citizens for Responsible Development making the same allegations.
Tipton Circuit Court Judge Thomas Lett has recused himself from hearing the two lawsuits. Hamilton County Superior Court 3 Judge William Hughes has been named special judge in the case.
The proposed Prairie Breeze Wind Farm would be a $300 million investment in Tipton County for the placement of as many as 92 wind turbines.
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