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Iowa Court of Appeals rules on Osceola County, Harris TIF lawsuit  

Credit:  By Matt Breen, Evening Anchor | KTIV | June 9, 2017 | www.ktiv.com ~~

The Iowa Court of Appeals has ruled that a lower court was wrong to dismiss a lawsuit filed by group of northwest Iowa taxpayers suing Osceola County over the distribution of tax revenue from wind turbines.

In 2015, city leaders of Harris, Iowa, said the town’s sewer system had to be repaired, or risk fines from the Iowa Department of Natural Resources. Loans and grants weren’t enough to cover the cost, so city leaders applied to Osceola County Supervisors for Tax Increment Financing. Supervisors later created an urban renewal area, and created a TIF district that included Harris.

The landowners, who filed suit against Osceola County and the city of Harris, were unhappy that supervisors designated two-million dollars of TIF money from wind turbines in the urban renewal area for repairs to the Harris sewer system. Wind farm revenue is usually dispersed throughout the county.

The county, and the city of Harris, petitioned a judge for summary judgment, and the court granted the motion, which meant the judge believed the plaintiffs had no case because there were no facts at issue.

On appeal, the appeals court found the plaintiffs’ lawsuit was filed before the enactment of the ordinance they challenged. But, the appeals court reversed part of the lower court’s ruling, saying that the plaintiffs do have facts at issue, and are able to pursue the lawsuit.

Source:  By Matt Breen, Evening Anchor | KTIV | June 9, 2017 | www.ktiv.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.

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