December 6, 2019
Indiana

County faces suit from wind farm company

Friday, December 6, 2019 | thepaper24-7.com

The Paper of Montgomery County has learned that a lawsuit has been filed against it by a wind energy company.

“The county received the suit (Wednesday),” County Commissioner John Frey told The Paper Thursday morning. “Our attorney has the document and is going over it. The earliest we can meet is Monday so I think we’ll have an executive session then.”

The suit, according to sources, was filed Tuesday by Sugar Creek Wind LLC. Akuo Energy USA and Stewardship Wind LLC are affiliated with Sugar Creek Wind.

The Paper reached Tom Cote, CEO for Akuo Energy USA in Chicago. Cote confirmed the suit had been filed but declined further comment.

“It’s disappointing to think that any business of industry has to sue its way into our community,” Frey said.

According to published reports, Sugar Creek Wind was scheduled to invest $175 million in Montgomery County. The company is alleging that the county passed ordinances to stop it from building wind farms and that those ordinances were a violation of agreements already reached.

“What that means and the specifics we just don’t know yet,” Frey said. “Our attorney has it and is reviewing it. We’ll know more when we talk to him at the meeting.”

The Paper was unable to reach the county attorney for comment. However, it’s clear the county has been preparing for the possibility of a suit. Some time back, additional money for legal fees was asked for – indicating the county intends to fight back.

Both sides, the county and Sugar Creek Wind, met a few months ago for mediation. The meeting ended without an agreement. When asked about that Thursday morning, Cote said he would not comment but would let the suit speak for itself.

The lawsuit was filed in the United States District Court for the Southern District of Indiana. The Paper was told that it alleges that the county made promises to the company and then went back on those promises when public outcry against wind farms reached a high level.

If successful, the suit would undo ordinances the county passed regarding wind turbines and wind farm construction.

According to documents from the federal court, each county commissioner is named in the suit.

The wind farm company’s legal team is Katz Korin Cunningham PC from Indianapolis and the international law firm of Norton Rose Fulbright.

URL to article:  https://www.wind-watch.org/news/2019/12/06/county-faces-suit-from-wind-farm-company/