June 3, 2017
Indiana

APEX appeal denied; Ends challenge to setback requirements

By Kate Thurston | Rushville Republican | June 2, 2017 | www.rushvillerepublican.com

A battle began two years ago that nearly tore Rush County apart.

Most know the battle by seeing signs in front yards or people with T-shirts walking around town with a photo of a wind turbine being crossed out by a red slash. The whole community began to turn against one another as the rumors and talk of wind farms was brought up in every day conversations. It wasn’t hard to walk in to a local restaurant or store and hear talk among the locals of wind turbines.

Now, residents of the county can stand at ease, or remain upset, as the company APEX Clean Energy walks away from the area.

The Indiana Supreme Court ruled last week to deny a request from APEX Clean Energy, for their project known as Flat Rock Wind Project. The court denied [that] the 2,300-foot setback distance for the wind turbines that were proposed previously to the Rush County Board of Zoning Appeals [was an abuse of the BZA’s power].

The vote to deny the APEX project appeal to the Indiana Supreme Court was unanimous by all, and took place after all the Supreme Court Justices had examined the case. Although this project was turned down, in the future, other projects can have the potential to try again in the area.

Even though Rush County no longer needs to worry about APEX stepping in, they will continue to fight for other surrounding counties.

“The recent Indiana Supreme Court decision ends our challenge of the BZA’s setback requirement,” APEX Public Affairs Manager Dan Blondeau stated. “While disappointing, we see this as the start of a new dialog with Rush County officials. We will continue work on the Henry County portion project, and we hope that both counties will ultimately benefit from Flat Rock Wind.”

URL to article:  https://www.wind-watch.org/news/2017/06/03/apex-appeal-denied-ends-challenge-to-setback-requirements/