The Courier-Times published an article that has left the impression with a lot of people that wind farms are on their way to Henry County. They are not. Our protest and Petition for Judicial Review are alive and well. There was a Motion to Dismiss filed by Big Blue River Wind Farms, LLC (Calpine), County Commissioners and Planning Commission. It is a common practice always worth a try. There will be a timely response filed to that Motion. Our Petition makes a lot more sense than what is in the Motion to Dismiss.
The defendant has asserted the doctrine of laches; a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim which has prejudiced the defendant or prevents him from putting on a defense. They have neither been prejudiced nor have they been prevented from putting on a defense. Case law, the application of law to facts and the court’s subsequent interpretations of the statutes, will support this.
The county was thrown under the bus in that Motion by the statement that a declaratory judgment action should have been filed against the county. The county officials should think about that. Wind companies are not our friends. They do not care if that bus runs right over the county.
The Petition for Judicial Review that was filed allows the court to conduct a review of a decision made by an administrative agency and to rule upon whether it is correct and appropriate.
The statement that the planning commission cannot take any action on WECS Ordinance until the lawsuit is settled is erroneous. The process to review and make possible changes to the ordinance was begun in August 2016. The planning commission was previously given proposed changes to the ordinance. In all this time, they have done nothing. It has nothing to do with this case. The review petition is based on the original ordinance.
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