[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Add NWW headlines to your site (click here)

when your community is targeted

Get weekly updates

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Stripe

Donate via Paypal

Selected Documents

All Documents

Research Links


Press Releases


Campaign Material

Photos & Graphics


Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Miami Co. files motion to dismiss wind farm suit 

Credit:  Local couple argues county's wind ordinance violates the U.S., Indiana constitutions | By Carson Gerber | Kokomo Tribune | April 19, 2018 | www.kokomotribune.com ~~

PERU – The Miami County Board of Commissioners has filed a motion to dismiss a lawsuit alleging the county’s wind-energy ordinance is unconstitutional and violates residents’ property rights.

Charles and Donna Smith, who live in the area of a proposed wind farm project in northern Miami County, filed the lawsuit in January claiming the wind ordinance violates both the U.S. and Indiana constitutions by restricting land rights.

The county wind-farm statute requires a minimum setback of 1,000 feet from residential properties and bars property owners from building a residential structure within the setback area.

That means even landowners who aren’t participating in the project could not build a residential building, or add onto their current home, if it’s within 1,000 feet of a wind turbine.

The lawsuit also says the setback requirements violate the Fifth Amendment of the U.S. Constitution, which says private property cannot be taken for public use without just compensation.

The wind statute infringes on those rights because it limits property owners’ ability to use portions of their property without just compensation, according to the lawsuit.

The litigation comes after RES, an international renewable energy company with its U.S. headquarters based in Colorado, announced plans to build up to 75 wind turbines in the northern part of Miami County. The proposed project would also extend into Cass and Fulton counties.

But Miami County is now asking a judge to dismiss the lawsuit, arguing no one is taking the Smiths’ land or property.

County attorney Pat Roberts, who filed the motion, said no company has officially filed an application to build any wind turbines in the county.

“The [Smiths] must be affected or aggrieved by the challenged ordinance,” Roberts said in the motion. “… This court cannot review what the RES project, based upon information and belief, will propose. Without factual information based upon true facts, this court cannot determine if a taking has occurred.”

The motion also argues the Smiths should first seek a remedy through the county plan commission and board of zoning appeals, which could grant a variance from the current ordinance, instead of asking a judge to preemptively strike it down.

The motion also notes the Miami County Plan Commission last week approved a recommendation to change setback requirements in the county’s wind ordinance. Those amendments would require a 2,000-foot setback of turbines from property lines, roads, public lands and city limits.

County commissioners must now vote on whether to accept or reject the plan commission’s recommendation to change the ordinance. During their Monday meeting, commissioners certified they had received the recommendations but tabled the decision on whether to approve the new wind ordinance.

The motion argues that until that is done, “For a court to allow a hypothetical harm to one person’s property from a yet-to-be-built (or even permitted-to-be-built) wind farm to upend a county-wide ordinance would be an absurd judicial intrusion into the public regulation of land uses.”

Source:  Local couple argues county's wind ordinance violates the U.S., Indiana constitutions | By Carson Gerber | Kokomo Tribune | April 19, 2018 | www.kokomotribune.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 educational 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 Contributions
   Donate via Stripe
(via Stripe)
Donate via Paypal
(via Paypal)


e-mail X FB LI M TG TS G Share

News Watch Home

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


Wind Watch on X Wind Watch on Facebook Wind Watch on Linked In

Wind Watch on Mastodon Wind Watch on Truth Social

Wind Watch on Gab Wind Watch on Bluesky