July 24, 2015
Colorado

Suit claims county violated wind farm opponents due process

By Andy Koen | July 23, 2015 | www.koaa.com

EL PASO COUNTY –

Wind towers are going up over Calhan. A judge denied a request by property owners who are suing the county to stop construction while court proceedings are underway. The judge also denied the county’s request to dismiss the lawsuit altogether.

As the parties continue to file motions, the newest development looks squarely at the public meeting on February 5 to approve the land use.

“The board knew there were going to be winners and losers with this decision couldn’t make everyone happy,” said County Spokesperson Dave Rose of the meeting.

At issue is whether the county violated due process rights of the people speaking out against the project. The plaintiffs claim the County Attorney censored them by stopping people from saying things like the board was bribed.  They also claim commissioners were biased in their decision because of comments they later made to reporters suggesting they feared being sued by the developers.

The judge released the developers from this part of the suit because it deals exclusively with the actions of government. 

Still, Rose said the County denies that they violated anyone’s due process.

“The county flatly rejects the argument that the decision was not made with due process. In point of fact, there were many public hearings associated with that both at the planning commission and at the Board of County Commissioners.”

The County Attorney’s Office is defending the board in the Lawsuit. News 5 reached out to the plaintiffs in the case for comment but none of them were available for interview. We hope to hear from them in the future.

DOCUMENTS:

Lawsuit

Motion to Dismiss

Order denying injunction

Order denying motion to dismiss

Order on motion to rule on plaintiff’s second claim

URL to article:  https://www.wind-watch.org/news/2015/07/24/suit-claims-county-violated-wind-farm-opponents-due-process/