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Judge grants motion by landowners in NextEra lawsuit

HUTCHINSON, Kan. — Reno Country District Judge Tim Chambers granted a motion for landowners in Reno County who protested the building of a wind farm to intervene in the lawsuit filed against the county.

NextEra Energy and Pretty Prairie Wind, LLC, claim in their lawsuit that some of the petitions were not valid because of the method in which they were acquired. They say all of the petitions should be dismissed. Landowners will now be allowed to challenge the claims made by attorneys for NextEra.

The landowners within the area of the proposed wind farm managed to force a super vote of the Reno County Commission, meaning all three commissioners had to be in favor of granting the permit. Only two were in favor.

NextEra didn’t want the motion for landowners to be allowed. NextEra says the landowners’ interests will be covered by the county’s defense over the actions taken to find the petitions valid.

Local attorney Eric Steinle, who is representing the county in this matter, told the judge that the county will not represent the interest of landowners. He asked that the motion be granted.

NextEra wants the case to move as quickly as possible. Judge Chambers noted that, if he had denied the motion to intervene, it would have been appealed and that would delay the lawsuit from proceeding quickly.

Now comes the next step. However, the judge made it clear that he will not rule on any of the other issues of the lawsuit until he has the facts of what happened. That means the county will have to put together all of the facts that led the Reno County Planning Commission to make the recommendation. The county will have to provide information from hearings and explain how the commission came up with its vote.

The three groups of attorneys will work to set up a case management schedule to gather facts. How long all of this will take is unclear.

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