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Case Dismissed: Wind farm drops judicial review request

With little fanfare, Big Blue River Wind Farm LLC has agreed to dismiss its case against the Henry County Board of Zoning Appeals.

The wind farm company had asked a local judge to review the BZA’s November vote to uphold a decision by the Henry County Planning Commission to deny Big Blue River Wind Farm’s permit request.

The original commission approved use (CAU) request was to build 38 turbines in northwestern Henry County. The planning commission was locked in a tie vote on the request in July and voted in September that the tie constituted a formal denial of the request.

Big Blue River Wind Farm filed a petition for judicial review Dec. 9.

In early March, the Towns of Kennard, Cadiz and Greensboro officially entered the legal fray as “intervening parties” because the court’s decision would impact their local ordinances that create a “buffer zone” keeping wind turbines at least four miles away from their town boundaries.

On March 19 – while Henry County was in its first week of the coronavirus lockdown – the Board of Zoning Appeals, the three towns and Big Blue River Wind Farm LLC all agreed to a “joint stipulation of dismissal,” pursuant to Indiana Trial Rule 41.

All parties agreed to dismiss the lawsuit, with each party paying its own costs, attorneys’ fees and expenses.

According to Indiana Trial Rule 41, “unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice…”

Cornell Law School explained that when a case is dismissed “without prejudice,” it leaves the plaintiff free to bring another suit based on the same grounds.

Big Blue River Wind Farm, LLC had not filed any new civil court cases in Henry County as of Monday.