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Wind farm lawsuit won't include zoning board members
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BLOOMINGTON -- Members of the McLean County Zoning Board of Appeals will not be included in a lawsuit filed by opponents to a wind farm planned for construction near Carlock.

McLean County Judge Charles Reynard denied a motion Thursday to reconsider an earlier ruling that dismissed the zoning board members from a lawsuit filed by Information Is Power. The group has accused the zoning board and the McLean County Board of denying their rights during the process of awarding a special use permit last fall.

The group opposes construction of the $250 million wind farm by Chicago-based Invenergy Wind along the McLean-Woodford county border.

Reynard ruled in December that the county board may be included in the lawsuit, which was filed about their decision to accept the zoning board’s recommendation to award the special use permit.

In arguments Thursday on behalf of Information Is Power, attorney Melissa McGrath said the zoning board is not entitled to legislative immunity under state law because its actions are not legislative in nature.

Opponents to the wind farm were denied their constitutional due process rights during public hearings last fall, said McGrath, when opponents’ comments were limited.

Assistant State’s Attorney Brian Hug told the court that the disagreement over the White Oak Energy Center falls short of a constitutional debate.

“We have a garden-variety zoning dispute,” said Hug.

The fact that no property rights are at issue also removes the case from the federal level, said Hug. “What they’re complaining about is how someone else is using their property,” said the county attorney.

McGrath countered that her clients have a right to a review of the decision.

“They don’t want the public to have any right to a review of what happened in the zoning board of appeals hearing,” said McGrath.

The next hearing in the case will be Jan. 15 when other pending motions will be heard.

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Reader comments on this story - 47 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

PJ wrote on Jan 18, 2008 11:55 PM:

" Wind farm opponents will have to refile motions. The Judge ruled the civil suits would continue. There is an article in another place about this on Thursday. "

Just Curious wrote on Jan 16, 2008 8:59 AM:

" Does anyone know what happened at the Court hearing on January 15th? "

May the Farce Be With You wrote on Jan 8, 2008 10:53 PM:

" Your sky-rocketing electric rates are a direct result of the utilities being forced by the Governor to buy more expensive, totally unreliable wind energy at a far greater cost than traditional energy sources. It is so unreliable that, for every unit produced, it requires an equal amount of back up energy from a traditional source, peaker plants, (called spinning reserve) to constantly be available for when the wind stops blowing, resulting in more brownouts and blackouts, a much more unstable electric grid and through the roof electric rates. Now he gets his own commission with his own appointees to continue the assault on the Illinois rate-paying electric customer. "

Next Line Please wrote on Jan 8, 2008 10:47 PM:

" And the wind company says, "Your neighbors are just jealous of you because they are not getting a turbine on their property." Real line actually spoken from wind developers regarding the Horizon project at Ellsworth - "with the Turbines getting larger, there just aren't enough for everyone who wants them." How about the next line? "Only 1/3 of an acre will be taken out of production for each turbine." How about, "The roads will be put back in better condition." The sound bites go on and on and on. And they are at polar opposite ends of the earth from the truth. "

Lost in Translation wrote on Jan 8, 2008 10:17 PM:

" Wow, did you get that NIMBY line directly from the wind company or from their paid henchmen at the local level driving the accusations? Perhaps you can come up with something original next time. "

Hey IIP wrote on Jan 8, 2008 6:59 PM:

" Who's sweating now? Interesting how agitated y'all get when you don't get everything your NIMBY hearts desire. "

Where Do I Sign Up? wrote on Jan 8, 2008 6:33 PM:

" I'll put my money and my ethics with Information is Power long before I would with a wind company or a county board supporting it. Where do I send my check? "

Time for Ellsworth Tour wrote on Jan 8, 2008 1:56 PM:

" Has anyone taken a drive over to Ellsworth today to see how well those "better than new" roads are faring with all this rain? How much runoff? How much drainage problems? How much hazard to vehicles trying to use those roads with dangerously steep embankments and overhead power lines without sufficient clearance after the wind farms are done with them? "

Will There Be Justice? wrote on Jan 8, 2008 1:54 PM:

" I expect my County Board to protect the citizens from these unscrupulous businesses, not jump into bed with them, give them every advantage and break laws while doing it. The violations at the Zoning Board hearings were so blatent and so obvious, I sincerely hope that justice will prevail and they will not get away with it. I can only hope that the court system is interested in justice, not in protecting their own, meaning McLean County. "

From my parents wrote on Jan 8, 2008 9:11 AM:

" Exactly my point-there are corporations and there are corporations. The rules that were created to spur investment in business through incorporating can be twisted into a protection of nefarious corporations who know that are going to swindle their business partners, but the corporation rules will protect them. For an Invenergy backer to try to paint IIP with that brush is despicable. Invenergy is the one hiding things here. "

Lightning Rods wrote on Jan 7, 2008 11:54 PM:

" How many of those idyllic "mills" over at Ellsworth got hit by lightning tonight? "

LLC's Not Protecting a Benevolent Corporation wrote on Jan 7, 2008 10:12 PM:

" To: My Parents - my guess is your parents did not keep millions and millions in assets in the name of one company (Invenergy) and do other projects in the name of a subset LLC (White Oak Wind Energy) and every other wind project, leaving no assets in that sub-corporation to pay for all the problems and liability issues that will arise long after they are gone and the shell corporation is worthless, all of its assets gutted out of it. Why do you think Invenergy's name is not on the entire project...because when the problems and lawsuits arise, they don't have to lose one penny of their ill-gotten gain to fix all the problems to the environment they have created. So all the promises, all of the letters of credit will be worthless. And there will be no LLC to sue, no assets to lose. Just the kind of company I want my County Government to be in bed with - NOT! "

My parents wrote on Jan 7, 2008 7:41 PM:

" owned a small business. They incorporated for protection from lawsuits. Were they "hiding?" "

Thank you wrote on Jan 7, 2008 6:55 PM:

" for admitting that the folks behind IIP just want their way without incurring any risk.??? Are you saying that if you were involved in a dispute with a large corporation that may try to attack your assets, and you knew of a way to protect your life's savings from that attack, that you wouldn't? You wouldn't want to "hide?" These corporations play for keeps. They'll step on a small homeowner and not even look back as they collect their millions and move on. They tried to do that by sneaking the project through. To IIP's credit, they stood up and said not with my home, you don't! "

What more wrote on Jan 7, 2008 6:47 PM:

" do you need to knowwho they are other than they are homeowners in the affected area? Why would you want to know this? This is a legal case, not an election. It will be decided on whether the county and Invenergy violated due process. Why does the "public" need to know anything? Do you know anything about any other cases involvng the county that are currently pending? Short answer-no- Why? Because you don't care about those, only about the one that you stand to profit from. "

Are you wrote on Jan 7, 2008 6:25 PM:

" actually arguing that some outside company has entered this dispute and is hiding behind the IIP group? What a crock. Do you realize how many wind farms are going up across the state? Why would they choose this one for their nefarious plan? You potential turbine owners have just reached a new low. "

Donors wrote on Jan 7, 2008 6:22 PM:

" IIP also can receive donations form other homeowners without them having to become parties to the lawsuit. The corporation status provides for a legal framework to account for donated funds. Incorporating actually makes it harder for shady interests to hide because it creates a public corporation that is subject to public regulations. All you would have to do is check their filings to find out who is on the board of directors. "

Pot vs kettle wrote on Jan 7, 2008 6:18 PM:

" The outfits that tried to hide something here were Invenergy, who hid for two years with non disclosure requirements the fact that they were negotiating with local landowners for the placement of turbines. The county is also complicit in this by conducting an all backroom analysis (if you can call it that...) and sham public meetings. You're like a twelve year old trying to accuse others of what -you- are actually doing. No one is buying it. "

to why not wrote on Jan 7, 2008 5:04 PM:

" The cost for suing as individuals joining in a lawsuit would have been the same, and they could have pooled their money for legal bills without IIP. Thank you for admitting that the folks behind IIP just want their way without incurring any risk. It is IIP that is playing possum, by pretending to be something that they are not, and hiding behind a sham corporation to avoid the same type of scrutiny they are demanding be focused on the other parties in the lawsuit and the landowners getting turbines. Turnabout is fair play. It is not likely that the other side will seek to demonize you as you do them, but they and the public deserve to know who the real parties in interest are behind IIP. "

Why not wrote on Jan 7, 2008 4:16 PM:

" sue the county in their own names? Because they couldn't afford to as individuals, so they formed their group. They probably also want protection from some kind of a "slap" lawsuit from Invenergy. Search for Invenergy and lawsuit on Google. Page after page comes up. Either they are getting sued, or they are suing someone. They would be a legal firms dream. Meanwhile, quit playing possum. You know exactly what you are doing attempting to demonize IIP. "

re nice try wrote on Jan 7, 2008 3:24 PM:

" They must be really rich home owners... "

To Nice Try, wrote on Jan 7, 2008 11:05 AM:

" By their own admission, IIP is a corporation, too, just like Invenergy. The big difference is that Invenergy doesn't hide who they are, like IIP does. Until IIP is more forthecoming regarding who they are, we have no way of knowing whether any of what they claim is credible. The "homeowners" of IIP could have sued the County in their own names. That they didn't makes one wonder why and undermines any claim that they make. "

If you have a concern wrote on Jan 7, 2008 10:59 AM:

" about those things, then pursue it. Should IIP have to take on all public policy just to challenge what has most affected them? They don't like the effect that this will have on their property. It's that simple. You folks that are getting a turbine are getting so desperate that it borders on the irrational. "

Gov't acting the way it's supposed to? wrote on Jan 7, 2008 10:02 AM:

" Then, where's the outrage at the police dept. for the ticketed pizza delivery guy that ran into the speeding police car, or the smoking ban, or the building of the Coliseum? There are lots of things people could get upset about. What's so special about wind turbines on somenone else's property? Information Is Power has only one concern and it's not people's rights. "

Nice try wrote on Jan 7, 2008 10:00 AM:

" at demonizing IIP. Won't work,though. Lets see. A small group of home owners challenges a corporation with millions of dollars at their disposal, and a county that is anxious to sweep under the rug an unfair, biased proceeding. Wonder who is the underdog here? Oh, wait, poor, poor Invenergy-poor, poor McLean County...Riiiight.... "

Who's Hiding What? wrote on Jan 6, 2008 10:48 PM:

" I don't see Information Is Power hiding anything. What I see is landowners getting bamboozled by slick used car salesmen type wind developers hiding behind privacy clauses on hush-hush contracts they signed years ago without bothering to inform their neighbors who will be negatively impacted. Don't you have to question, if this is such a great deal, why aren't the wind companies shouting it from the rooftops and inviting every one of your neighbors to join them instead of having you sign secret contracts with gag orders and privacy clauses? Who's hiding what? Who's operating fly by night operations here? Not I2P! "

Remember With Your Vote wrote on Jan 6, 2008 10:44 PM:

" You have the County Board to thank for the costs of litigation is this matter. It is they who, through the actions of the Zoning Board, violated the rights of the citizens to have a fair and impartial Zoning Board Hearing on this matter. It is they who willingly side-stepped the zoning process, actively perpetuated an uneven playing field during the hearings in order to ramrod this project through. It is they who will be held accountable. The sad thing is, they are costing everyone in the county money - I hope you remember this next time you vote for the McLean County Board. "

WHO ARE THEY? wrote on Jan 6, 2008 1:40 PM:

" IIP argues that they were not treated fairly. Yet they refuse to reveal their identities, so that they and their their motives can be evaluated as they demand we do with the other parties in the dispute. We know who the players for Invenergy, the County and the landowners getting turbines, and can check them out online and in the public records. But who is IIP? They demonize White Oak LLC as Invenergy insideously hiding behind a shell corporation, but isn't that exactly what those hiding behind IIP are doing? They have demeaned the character of County Officials, landowners who will get turbines and Invenergy, and demanded that we even look into personal lives of these people, yet those behind IIP refuse to identify themselves, or publicly account for their activities so that we can judge whether their motives really are altrusitic or just self serving. Seems like it is IIP that is refusing to play fair in this dispute, and until that changes it is hard to be supportive of their position given the huge cost they are imposing on the rest of us. "

to Non Land Owners wrote on Jan 5, 2008 10:41 PM:

" No bitterness here, just a desire to see government work the way it is supposed to. Our leaders should evaluate all evidence brought before them, and give a fair hearing to all those affected and concerned with their actions. That didn't happen here. Also, all of the people involved with the lawsuit own land in the affected area, that is why they are unhappy with the decision to allow wind turbines so close to their residences. It reduces their land values and limits their enjoyment of their property. "

non land owners wrote on Jan 5, 2008 1:38 PM:

" Is all this bitterness steming from the fact you do not own land or that you do not want a alternate way to generate electricty? "

Regardless wrote on Jan 5, 2008 11:41 AM:

" of you position on wind energy, these people are exercising their constitutional right of review. If the shoe were on the other foot and the project had not been approved and wind proponents felt they were treated unfairly, I would hope they would do the same. It doesn't matter if the county was reviewing for a wind farm or a garage. If due process and rights are potentially violated, review is in order. "

They formed IIP wrote on Jan 5, 2008 10:26 AM:

" to organize the raising of funds for their defense of their property, manage accounts, and organize their efforts. They also formed the group to keep everything above board for their donors. Donors know where their money has gone, and bank receipts and account transactions are kept in one place. Thats it, no nefarious plots by oil companies. Why oil would care, when we don't use oil to generate electricity, is beyond me. At least make the boogeyman a coal company. Sheesh. "

Who Again? wrote on Jan 5, 2008 10:21 AM:

" Why are you complaining about IIP? There are several groups involved in this suit. The county board, the ZBA, Invenergy, and IIP. What would be your purpose to knowing the names of IIP, but not wanting the names of say, the top executives at Invenergy who made the decisions to bring this mess to Mclean County? Your attitude is very threatening. Perhaps that is why the IIP exists. Shouldn't American citizens have the chance to air their issues in court without facing harrassment from those seeking to sell out the value of their land for profit? "

To Who are they wrote on Jan 5, 2008 9:13 AM:

" Who Are They...There should be a published list of these homeowners names...not just heresay. I live in Carlock, and I don't know who IIP consists of. What is IIP afraid of? Why won't these people show themselves? As a private citizen, if I sue someone, court records fully disclose all the people involved in the suit BY NAME. Why are these people hiding behind a "front organization" to hide their identity? "

gnjaxon doesn't get it wrote on Jan 4, 2008 9:51 PM:

" The hearings cut off the opponents as they attempted to enter evidence into the record. Once that evidence is in, the ZBA would have to explain why they chose to ignore it and go ahead with the project if they got sued. They tried to dodge opponents concerns by coming up with new rules that they didn't apply to both sides in the hearings. They can't just have an "opinion." It has to be based on evidence and represent a reasonable interpretation of the evidence. The Board will get hammered in this lawsuit. "

re: Who Are They wrote on Jan 4, 2008 9:46 PM:

" Information is Power is a group of concerned homeowners in the area of the proposed wind farm. They don't feel that they were given a fair hearing by either the ZBA or the full County Board. Thus, they are suing based on denial of due process. Gee- there's that pesky Constitution again, granting due process. How dare they exercise their constitutional rights! The membership of IIP is commonly known around the Carlock area. "

Hey Big Brother wrote on Jan 4, 2008 9:39 PM:

" Do a little research before you pop off. Even if you put windmills up in this area, the wind doesn't blow consistently, which means that you have to have fossil fuel powered generators running to back up the "wind power." There is no savings of carbon emissions, and wind power becomes more expensive because of the necessity of maintaining and operating two generating facilities. The only value of these monstrosities is in the tax credits offered by the government. "

wind is energy? wrote on Jan 4, 2008 9:20 PM:

" No way, I do not believe it. Now that is bologna, who ever heard of such a thing. Rights? We already know that people, especially those in IL, have any rights to do anything. ANd the pressure from the wind lobbyists... is far worse than what Blago is doing to IL. "

Big Brother wrote on Jan 4, 2008 4:05 PM:

" Why don't you go back and tell the oil companies that have funded your anti wind farm organization that you are exposed in the midwest for the sham of an organization you are. Your only intent is to keep America dependant on foreign oil and fossil fuels. The same companies that squelch the technolgy of alternative fuel and energy sources. Whos paying the bill for this? "

WHO ARE THEY? wrote on Jan 4, 2008 3:43 PM:

" Who is "Information is Power"? Is there a list of who these people or companies are, so that we, the public, can know what kind of ulterior motives they may have for wanting to stop this project? Do they produce any kind of public records of who is involved, where there money comes from, and where it goes? They have made a lot of derogatory comments about Invenergy, our govenrment officials, and those families who would get turbines if the White Oak project goes ahead, so it seems only appropriate and fair that the public should also know who is behind Information is Power. "

gnjaxon wrote on Jan 4, 2008 3:38 PM:

" Appalling is a matter of opinion. I highly doubt the alleged changes the ZBA made had any affect on the outcome. Consider that the more time opponents spent droning on and on and on about blade flicker, ice throws and the mass destruction or Armageddon that the wind turbines are supposed to bring about would do nothing to change their opinion. I have seen many situations that are made with similar circumstances. The continuous complaining does nothing to change the opinion but reaffirms is even more. "

intense pressure from wind company lobbyists ???? wrote on Jan 4, 2008 1:26 PM:

" Thats Horse Malarky. "

Good News wrote on Jan 4, 2008 12:40 PM:

" Judge Reynard made it very clear yesterday that he believes the public has a right to a review of County Board and ZBA actions in this case.
That's good because their actions, especially the ZBA, were appalling. "

Hilldweller wrote on Jan 4, 2008 9:50 AM:

" Okay, the county board appoints the ZBA members, right? It seems to me the County Board is accountable for the actions of its appointees, the ZBA. By elminating the ZBA from the lawsuit the County board is not relieved of it's responsibility to preserve and protect citizens' constitutional rights. It is the County Board who had final approval of the special use. They voted to approve the application based on the recommendation of the ZBA. I think they met for 10 minutes. The board showed a lack of due diligence by not studying the testimony and especially the behavior of the ZBA. "

Why Bother With ZBA? wrote on Jan 4, 2008 2:22 AM:

" So why even bother with the sham of having a ZBA hearing if the Board isn't going to listen to anything said there or consider it when ram-rodding this project through? "

Give Up What? wrote on Jan 4, 2008 2:10 AM:

" What exactly do you propose being "given up" - rights, the Constitution, due process? A fair and equitable court system in the United States of America? Our property, our state legislation to intense pressure from wind company lobbyists? "

Give wrote on Jan 3, 2008 11:18 PM:

" it up! "

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