Lawsuit Against County on Friday

District Judge Mark Kozicek will hear some familiar information Friday morning when the lawsuit by Bluestem Sandhills Kilgore LLC against Cherry County Board of Commissioners, the Cherry County Board of Adjustment and Jane Stolzenberg in her former capacity as Cherry County Zoning administrator. The suit was filed in September by BSH Kilgore asking the court to uphold the Conditional Use Permit that it had previously granted for construction of a small wind farm near Kilgore. After 44 months of litigation filed by the opposition, which were all dismissed by the courts, this is the first suit by the developing company to exercise their right to build. BSH stated that they have already invested over $5,000,000 to prepare for the project.

At contention is a report from the zoning administrator that stated the company was in violation of the CUP.  That report was upheld by the Board of Adjustment.  BSH said the report has major flaws and inaccuracies and the board did not consider all the evidence before voting to support it.

The suit asks the court to reverse the board of adjustment decision, void the decision, award BSH damages including attorney fees, court costs and expert fees.