Wind Energy Battle Escalates with Lawsuit Against County

November 22, 2024 | Page County, Iowa


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Wind Energy Battle Escalates with Lawsuit Against County
In a recent government meeting, officials discussed the ongoing legal and regulatory challenges surrounding wind energy development in Page County, stemming from a controversial ordinance passed in 2019. The ordinance, which was intended to facilitate large-scale wind projects, has faced scrutiny for being overly accommodating to developers, leading to concerns from local residents.

The timeline of events began with the passage of the 2019 wind ordinance, which was criticized for ignoring public concerns. Following this, End Energy submitted an application for 31 wind turbines in March 2022, accompanied by a significant application fee. However, a moratorium was enacted shortly after to address perceived weaknesses in the ordinance, halting any new applications.

During subsequent hearings, it was revealed that updated maps indicated a reduction of three turbines from the original application. This raised questions about whether the changes constituted a \"material change\" under the ordinance, which would require a new application. The zoning administrator determined that a 10% change would necessitate resubmission, and with a 9.67% reduction, the application was initially deemed acceptable.

However, further developments occurred when INB Energy notified officials of an agreement to remove three turbines affecting local radio towers. The zoning administrator subsequently ruled that the total reduction of six turbines did indeed represent a material change, requiring a new application. INB Energy appealed this decision, but the Board of Adjustment upheld the zoning administrator's ruling.

In response, INB Energy filed a lawsuit against the county and individual board members, challenging the decision and seeking damages. The situation escalated with the passing of a new wind ordinance in January 2024, which was soon followed by the dismissal of INB Energy's lawsuit by a federal judge. The company was given a brief window to amend its claims, leading to further legal actions, including a challenge to the new ordinance.

As of now, discussions continue regarding potential settlements related to the ongoing litigation, highlighting the contentious nature of wind energy development in the region and the complexities of balancing community concerns with energy initiatives.

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