Private Property Rights Up for Grabs

A battle over private property rights is landing back in Cherry County District Court. Three previous lawsuits, filed by opponents, were intended to stop wind development on private property. All three suits went through the district court, were appealed, and dismissed by the Nebraska Supreme Court.  Those lawsuits cost the county over $150,000 in outside legal fees to defend.

Now Bluestem Sandhills, the developer of the Kilgore Wind Project has filed suit appealing last week’s Board of Adjustments affirmation of Zoning Administrator Jane Stolzenbergs letter stating that she found Bluestem Sandhills in violation of their Conditional Use Permit. During the Board of Adjustment hearing, Bluestem Sandhills submitted over 400 pages of evidence to support the permit.

One of the main points of the letter of complaint stated that the developers permit had expired. Much of the case comes down to what they call ‘equitable tolling’. There is case law which shows a time clock on a permit stops when a suit is filed against it.  The clock will not start again until the case is settled. In this case Bluestem Sandhills had a permit set to expire in October of 2024.  Because of the three suits the developer could not proceed until those cases were done.

According to the court document, at stake is BSH Kilgore’s right to continue lawfully developing its private property rights under a valid conditional use permit which was unanimously issued by the Cherry County Board of Commissioners.

BSH Kilgore claims they commenced development on October 13, 2024. In total, BSH Kilgore has spent more than $5,000,000 toward development.  The court document go on, Still, opponents of the Project continue trying to obstruct BSH Kilgore.

The BOA’s decision lacked evidence, contravened established procedural requirements, and violated BSH Kilgore’s constitutional rights.