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Apex Files Notice Of Tort Claim  

Credit:  Rush County Wind Awareness LLC | www.myworldmytown.com/rushcowind ~~

As of March 4, 2016, Apex filed a Notice of Tort Claim Pursuant to Indiana Code 34-13-3 (Indiana Tort Claims Against Governmental Entities and Public Employees Act). To summarize the notice, Apex claims that the commissioner’s official action on September 8th, 2015 to cease and desist all negotiations with Apex and to arbitrarily and capriciously reject the wind energy project will cause Apex to sustain economic losses – such as lost profits and incurred development expenses – which will exceed the statutory maximum of $700,000.00.

Those named in the notice of the tort claim are as follows:
Mark Bacon– County Commissioner
Paul Wilkinson– County Commissioner
Bruce Levi– County Commissioner
Leigh Morning– County Attorney
Mary Ann Beard– County Auditor

This is the second court filing by Apex resulting from disagreements with decisions made by Rush County government leaders. The first filing by Apex was for a judicial review of the BZA’s ruling on July 1, 2015.

To read the exact notice in full, you may request a copy from the Auditor’s office.

Source:  Rush County Wind Awareness LLC | www.myworldmytown.com/rushcowind

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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