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Wednesday, February 15, 2017

Indf. Decisions - "COA upholds Rush County wind decision"

The Court of Appeals decision yesterday in Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals, et al. (ILB summary here) is the subject of a story today by James Sprague in the Connersville News Examiner. The long story begins:

INDIANAPOLIS — The proposed Flat Rock Wind Project in Rush County became a little less likely to happen, at least in Rush County, as of this week.

The Indiana Court of Appeals Tuesday morning issued its opinion on the case involving Flat Rock Wind, LLC. – also known as Apex Clean Energy – and the Rush County Area Board of Zoning Appeals, with that opinion upholding the decision back in July 2015 to enact a 2,300-foot setback distance, from non-participating property lines, on Apex’s special exception permits for construction of industrial wind turbines as part of the proposed wind project which is slated to span both Rush and Henry counties.

That decision by the BZA was later upheld, during a challenge by Apex Clean Energy in Rush Superior Court, by Judge Matthew D. Bailey. Apex argued that the BZA does not have the authority to change the setback distance from the county-stated minimum of 1,000 feet, while Bailey ruled that the BZA did, in fact, have such authority. The decision led to Apex appealing the ruling, thus sending the case to the Court of Appeals.

Posted by Marcia Oddi on February 15, 2017 09:59 AM
Posted to Ind. App.Ct. Decisions