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UPDATED: Court Rules in Favor of Enel Green Power for Building Permits for Alta Farms II Wind Project

A Champaign County District Court Judge has ruled in favor of Enel Green Power and its order of mandamus requiring the DeWitt County Zoning Administrator to resume processing the 15 building permit applications for the Alta Farms II wind project in northwest DeWitt County. 

 

Judge Jason Bohm ruled Wednesday to resume the issuances of the building permits. Alta Farms filed the suit in August. The energy company claimed 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. DeWitt County Board Chair Terry Ferguson called the ruling unsurprising. 

 

 

Additionally, the suit noted 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. Ferguson notes Enel is going to sign the drainage district agreements.

 

 

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

 

In November, Alta Farms applied for 57 turbines. Currently, 30 building permits have been issued for the turbines out of 57 total. The court ordered the Zoning Administrator to issue the 15 permit applications on or before September 13. 

 

Enel Green Power declined to comment. 

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