November 6, 2019
Nebraska

Second lawsuit filed against EDF, county

Hope Moural | Seward Independent | www.sewardindependent.com

A second lawsuit has been filed against EDF Renewables, Milligan One Wind LLC, Aksamit Energy Development, Aksamit Resources Management, Golden Rock Wind LLC, US Development LLC, York Nebraska Wind Partners LLC and Saline County.

Alan and Debbie Brunkow, Gary Veprovsky, Dennis and Deborah Pallas and Chuck and Rebecca McKay filed a complaint in Saline County Court Oct. 29.

The plaintiffs allege public record documents were not provided as requested, conditional use permits were not filed in a timely manner and zoning regulations for the county are being violated by the companies.

According to court documents, the defendants “have never submitted a valid application for a conditional use permit to construct and operate a wind energy project in Saline County.”

Plaintiffs also allege the CUPs that were filed on behalf of the wind project are invalid, as development was supposed to be completed two years following the Board of Commissioners’ approval in 2016.

They also allege the CUP was not renewed within a proper time frame and therefore do not hold and that land is being used that was not signed up for the project.

This marks the second of two complaints filed against the county and EDF.

Litigation first came against the county July 24 from Marilyn Capek of Massachusetts, who owns land in Saline County. She sued the board and Milligan One Wind LLC regarding a right-of-way request for EDF to run cables underneath her property. It was approved by the board June 25.

In court filings, Capek alleges that she “does not permit a granting of occupancy permit by Milligan One or any other private/public utility.”

A hearing set Oct. 3 was not heard in court because the district judge, Vicky Johnson, has a conflict of interest as her staff’s family owns real estate which is involved in the wind farm project.

The case has been reassigned to the Hon. Rick Schreiner, who has yet to schedule a hearing.

URL to article:  https://www.wind-watch.org/news/2019/11/06/second-lawsuit-filed-against-edf-county/