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The judge’s decision states that Worth County acted in bad faith by implementing a moratorium on additional construction of wind turbines and eventually a wind ordinance. She then awarded Invenergy vested rights to build. Hanlon’s Razor “never attribute to malice that which is adequately explained by stupidity.” The Deer Creek project was completed without a contract stating what will be constructed (stupidity). Worth County had passed a moratorium after Invenergy dbas presented to Worth County residents and the board of supervisors roughly 1,600-foot setbacks, but some of the setbacks were changed at the last minute to about 1,000 feet. Worth County had a public hearing with Invenergy prior to the moratorium on new construction. At the public hearing,

Worth County Supervisor AJ Stone asked the Invenergy dba representative, “who made the change?” The only answer ever received was “wasn’t me.” Since that question was not answered, the supervisors were forced to pass the moratorium on new construction (due diligence). The Invenergy dba representative was brought back six months later for another public hearing.

AJ Stone once again asked why the setbacks changed — again with no answer, so the ordinance ensued. Invenergy did acquire a contract with Freeborn County for the Deer Creek sister project that listed turbine locations and setbacks. In Invenergy’s Freeborn County contract Item No. 2. states “this contract vests the project.” Invenergy never acquired a contract with Worth County to vest (malice).

A strong reason for an appeal to the judge’s decision. During the court case the reason Worth County implemented the ordinance and moratorium were not addressed. Did the judge exercise her due diligence by assuming bad faith without asking why a moratorium and ordinance were implemented. Did Worth County receive adequate representation from a legal team that did not address the reasons for implementation of the moratorium and ordinance?

Alan Reese
Northwood