The Towns of Kennard, Cadiz and Greensboro have officially entered the legal gray between the Henry County Board of Zoning Appeals and the Big Blue River Wind Farm.
The three communities each have ordinances on the books to create a “buffer zone” keeping wind turbines at least four miles away from their town boundaries.
The towns want to make sure a local judge takes those ordinances into account when reviewing a 2019 decision by the Board of Zoning Appeals (BZA).
Background
Last summer, Big Blue River Wind asked the Henry County Planning Commission for permission to build 38 industrial wind turbines in northwestern Henry County.
The planning commission reached a 4-4 tie vote on the request. At a later meeting, the planning commission declared the tie vote a formal denial on the request.
The BZA voted in the fall to support the planning commission denial.
Big Blue River Wind Farm filed a request in November for a judicial review of the BZA decision.
On Feb. 14, the three Henry County towns filed a Motion to Intervene in the case.
According to court documents, “the interests of the Town are divergent from the interests of the Henry County Board of Zoning Appeals and each Town is so situated that the disposition of the pending action may, as a practical matter, impede the Towns’ ability to protect its interests are adequately represented by counsel for the Towns.”
The motion cited the 2017 case “Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals” in which the Indiana Court of Appeals found a motion to intervene if certain requirements are met.
“(T)he Motion to Intervene filed by the Towns clearly indicates the need for their interest to be protected if the Board of Zoning Appeals should choose to settle the pending action,” the motion stated.
Big Blue River Wind Farm was given until March 5 to respond to the Motion to Intervene.
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