Arguments Heard on Wind Lawsuit

In Cherry County District Court on Thursday, Judge Mark Kozicek heard arguments from both sides in the suit brought by Bluestem Sandhills Kilgore against the county, the former zoning administrator and the board of adjustment.

The development company has sued for the right to build a small wind farm near Kilgore on private property. The company previously received a conditional use permit from the county, then was held up by legal challenges from opposition for a number of years. those lawsuit were all dismissed by subsequent court proceedings. Opponents still contend, and the zoning administer agreed that the CUP had then expired. The Board of Adjustment also agreed in what some seen as a hurried move.

On Thursday, the judge heard the counties attorney motion to dismiss and from the Bluestem Sandhills legal team. It may take a few months before the judge issues a ruling.