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Judge grants county wind farm request for lengthy motion
Credit: Lisa Hammer | Sep 16, 2019 | qconline.com ~~
CAMBRIDGE – Arguments in a civil case over the proposed Midland wind farm in Henry County will be heard in Henry County Circuit Court sometime after Dec. 20.
The Henry County Board granted special use permits for the wind farm in five townships in December of 2018. Fifteen property owners then filed suit, naming Avangrid Renewables LLC, owner of Midland, county board members, and the county, listing varied complaints including that the process was not in compliance with the county’s own wind ordinance.
The Henry County state’s attorney Matt Schutte and attorneys for Midland responded, seeking to enter a 47-page response.
The 14th Judicial Circuit’s rules provide that no motion or memorandum exceeds 10 pages without prior leave of the court and that motions to exceed are “not favored.”
Nevertheless, late last month Judge Terry Patton issued an order ruling that the defendants could submit a 25-page document supporting their joint motion to dismiss the case.
The plaintiffs have until Nov. 11 to respond and the defendants’ reply is due Dec. 20. A hearing on oral arguments will be set after that date.
The proposed 100-megawatt wind farm would be located in Annawan, Burns, Cornwall, Galva, and Kewanee townships.
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