So-called “poison pill” amendments to Floyd County’s ordinance for construction of wind energy systems could lead to legal action against the County.
Amendments by Supervisors Jim Jorgensen and Dennis Keifer include increased setback distances, lower height restrictions, and limiting the total number of wind turbines in Floyd County to 70 total, including the 50 already operated by MidAmerican Energy south of Charles City. If approved, it would create an ordinance vastly different from that proposed by the County’s Planning and Zoning Commission.
The changes also prompted a letter from the Brown Winick law firm of Des Moines warning of possible litigation against the County. Attorney Samantha Norris represents Invenergy, which wants to develop the Marble Ridge Wind Farm of about 40 turbines in the Marble Rock/Rockford area.
Norris addressed the Supervisors during their Board meeting Monday (10.07) morning, noting that the company would still like to work with the County, if the original P&Z zoning ordinance can be reinstated. At question is whether the amendments by Jorgensen and Supervisor Dennis Keifer are in “bad faith” against wind farm developers.
That’s County Attorney Todd Prichard, who also noted that if a court decided that the County acted in bad faith, the County could be held liable for damages and an outside jurisdiction could also dictate the zoning ordinance.
Supervisor Chair Mark Kuhn, who has voted against several amendments proposed by Jorgensen and Keifer, asked Jorgensen if he might reconsider his amendments.
Supervisors will hold the third reading of the wind ordinance at 6:30 pm Wednesday (10.09) evening in the Floyd County Courthouse courtroom. If approved, Invenergy and Next ra Energy, also proposing a wind farm of about 40 turbines in the Marble Rock/Rockford area, have said the amended ordinance will kill their projects.
