Northern wind farm’s permit upheld

A lawsuit challenging what would amount to extension of the Diamond Vista wind farm north into Dickinson County was rejected Monday.

Ten plaintiffs filed suit Dec. 16 arguing that Dickinson County improperly had granted Diamond Vista owner Enel Energy a conditional-use permit Oct. 31 to build Hope Ridge wind farm, north of the Marion County line.

The suit contended Enel’s application was “unreasonable and unlawful” and failed to meet county standards for commercial wind energy operations.

It also contended that Enel lacked authorization from all landowners in the project.

A petition challenging county commissioners’ 2-1 vote to approve the permit was ruled invalid at the time.

The lawsuit argued that the county miscalculated the percentage of property owners needed to make the petition valid.

But District Judge Lee Fowler ruled Monday that none of the plaintiff’s concerns merited reversing the commissioners’ decision or even sending the matter back for further study.

“The process for noticing and considering the application was fully transparent, and every plaintiff was given the opportunity to object and state their arguments to deny the application,” the judge wrote.

He said commissioners’ action on the permit was “based on substantial record of public commentary and public hearing testimony and was reasonable and lawful.”

He granted a motion by the county commissioners for summary judgment ending the plaintiff’s case.