January 15, 2020
Kansas

Judge decides to hear wind farm case

By Laura Fowler Paulus | Hillsboro Free Press | January 14, 2020 | www.hillsborofreepress.com

Those who have been fighting hard against the wind farms that they believe are attempting to take over Marion County were pleased on Tuesday by Marion County Eighth Judicial District Court Judge Steven Hornbaker’s rulings.

“I think it went good,” said Plaintiff Randy Eitzen who filed against the Board of Marion County Commissioners regarding decisions they have made involving Expedition Winds business in the county.

The judge heard both sides regarding allowing more time for discovery before determining if the case will go to trial of not.

The plaintiffs mentioned meetings held at the Marion Community building where Patrick Pelstring, Expedition Winds, Inc CEO spoke as well as a meeting between county commissioners and Expedition Winds, Inc that were not on record. They asked that those meetings and others be put in the record.

The defendants stated that they have given the plaintiffs everything that they have asked for and have been compliant.

Judge Hornbaker ruled that both sides have until Feb. 7 to submit lists to him of what they believe should be in the record right now.

“Now it may change and you will have the right to add or amend it, but let’s try to get everything in that we want in,” said Hornbaker.

The judge also set the next court date for 10 a.m. on April 7 to determine if the case will go to trial or if it will be dismissed.

“It’s going to be a very interesting case. It’s got some very complicated issues that I think are going to need to be sorted out. That’s what we are starting to do,” said Eitzen’s lawyer Terry Malone.

When asked what he felt his chances of winning the case were, Eitzen replied, “Only over my cold, dead, still, lifeless body will a wind turbine cast a shadow on the ground my feet walk upon,” said Eitzen.

The attorney for the Board of Marion County Commissioners declined to comment.

URL to article:  https://www.wind-watch.org/news/2020/01/15/judge-decides-to-hear-wind-farm-case/