[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


News Home

Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

Appeal of judge decision filed by Flat Rock Wind  

Credit:  By Kate Thurston | Rushville Republican | June 24, 2016 | www.rushvillerepublican.com ~~

Following the ruling by Decatur County Judge Bailey which supported Rush County BZA’s decision on the setbacks of wind turbine distance from non-participating landowners, APEX Clean Energy/Flatrock Wind Project had 30 days to file an appeal of that decision and last week they did just that.

According to Dan Blondeau, Public Affairs Manager, Flat Rock Wind filed a notice of appeal from the recent decision made by the court, and the company plans to appeal the decision to the Indiana Court of Appeals.

“We believe that the Rush County Area Board of Zoning Appeals (BZA) contradicted its own zoning ordinance when it arbitrarily created a new setback distance and invented a new method for determining how this setback is measured,” Robert Eherenman, attorney for Flat Rock Wind, said. “It is clear from the record that the BZA did not act in accordance with Indiana law when the BZA created this massive increase in the setback.”

Bryant Niehoff, Executive Director of the Rush County Joint Planning and Zoning Office, said there was really nothing to comment on at this point as Flat Rock Wind just filed notice that they were appealing the ruling.

Flat Rock Wind officials indicated that they would prefer to work directly with Rush County officials to resolve the matter. Until those discussions resume, Flat Rock Wind will continue to follow the appropriate legal process.

“It’s unfortunate that this decision continues to remain unresolved,” Brenna Gunderson, senior development manager for Flat Rock Wind, explained. “We hope the decision can be resolved locally. However, we remain confident that we will prevail on the merits and the lower court’s decision will be overturned.”

Gunderson went on to explain that Flat Rock Wind continues to hear from landowners and community members, who want to see the benefits the project can bring to Henry and Rush counties.

“The bottom line is that Flat Rock Wind has been designed to ensure protection of human health, property, and the environment. Above all else, Apex remains committed to developing Flat Rock in a manner that benefits both Rush and Henry Counties,” Gunderson said.

Source:  By Kate Thurston | Rushville Republican | June 24, 2016 | www.rushvillerepublican.com

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.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.