Wind Suit Will Proceed

According to documents filed on April 2nd in Cherry County district Court, Judge Mark Kozicek ruled on a suit filed by Bluestem Sandhills Kilgore against Cherry County concerning a permit to construct a wind farm near Kilgore. The hearing was held on January 16th as the plaintiffs filed a complaint appealing the Board of Adjustment action affirming a report by the Zoning Administrator determining that the conditional use permit for the wind tower project expired on October 15th, 2024. The county responded to seek dismissal of the complaint based upon the courts lack of jurisdiction.  Judge Kozicek stated that “we are not dealing with the grant of denial of a conditional use permit, that action was taken long ago. Having considered the filing, briefings and arguments of counsel, the court finds and orders that the motion to dismiss (by the county) to be dismissed and is overruled and denied.  The ruling was in favor of Bluestem Sandhills who can continue with suit.