Enel Green Power has sued DeWitt County over its action at July's Board meeting where the Board voted to stop issuing building permits for the wind turbines until Enel proves the turbines can be curtailed during severe weather events.

The lawsuit, filed this week in the Sixth Judicial Circuit of DeWitt County, claims the refusal to issue further building permits has caused the Alta Farms II wind project to suffer and will continue to suffer substantial damages due to construction delays "each day" until permits are issued. 

Currently, 30 building permits have been issued for the turbines out of 57 total. The energy company also claims in the suit they have a clear right to the issuance of the wind turbine building permits demanded in the action and there is no legal or factual basis for DeWit County to refuse issuing the permits for the remainder of the turbines. 

Additionally, the suit notes none of the wind turbines for which building permits are being sought are located on any drainage district right-of-ways, easements, or other drainage district facilities. 

Alta Farms claims they have submitted all required fees, information, and documentation necessary to obtain the permits for the wind turbines.

The company is calling for the Courts to immediately issue the building permits. 

In November, Alta Farms applied for 57 turbines. 

DeWitt County Board Chair Terry Ferguson declined to comment Friday at the recommendation of the State's Attorney. 

Enel issued the following statement Friday morning:

"While we cannot comment on ongoing litigation, we have taken this action as a last resort after multiple recent attempts to resolve the matter directly with the County. Alta Farms Wind Project II has met all of the terms of the special use permit granted by the County in 2020, including the condition to execute an agreement for a curtailment plan, and applications for the outstanding building permits were submitted more than eight months ago.

"Alta Farms represents a long-term investment in DeWitt County, generating tens of millions of dollars in new tax revenue, landowner payments, and employment income over several decades – as well as over $9 million to date in spending at local businesses to support construction activities. Resolving this matter will ensure that the project's substantial economic benefits are realized without needless delay."