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Fairbank wind farm dealt legal blow
Credit: Tim Jamison | The Courier | wcfcourier.com ~~
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WATERLOO – Owners of wind energy turbines east of Fairbank have lost another round in their battle to keep the structures up.
A three-judge panel of the Iowa Supreme Court on Wednesday rejected an appeal filed by attorneys for Mason Wind, Dante Wind 6, Galileo Wind 1 and Venus Wind 4, which are under a Fayette County District Court order to remove three turbines by Dec. 9.
Justices Brent Appel, Thomas Waterman and Edward Mansfield confirmed a July 11 decision by Justice David Wiggins to let the district court’s decision stand.
The ruling is another legal victory for the city of Fairbank and a private developer who independently sued in 2015 to block the construction of the turbines, which they deemed detrimental to the community’s growth.
The wind companies erected the wind farm before District Court Judge John Bauercamper ruled they were installed in violation of county zoning regulations. That decision touched of a series of appeals.
All three turbines are being dismantled this month to comply with Bauercamper’s order.
But attorneys for the wind companies are continuing legal action both in the district and appellate courts, which would allow them to put the turbines back up.
Notably, the companies attempted to apply for a zoning variance last year to legalize the existing turbines. That request was rejected by the county Board of Adjustment, prompting the turbine owners to seek a district court review.
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