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Worth County lost in court regarding the installation of additional wind turbines without a contract agreement for the placement of wind turbines. Worth County counsel let Invenergy set the rules without addressing legality. Any vesting has to be within the law. Vesting to do what? There was no agreement for size or placement of turbines, Invenergy had not decided. Invenergy dba Worthwhile Wind an affiliate (sales) limits their liability but not the project’s liability. There was no contract, so they can’t be in breach of contract. The laws broken as an “affiliate” prior to construction (the judge’s label in her decision) regarding the initial presentation by Invenergy to Worth County are: 1.Uniform Commercial Code (UCC) 2-313 Warranty of Affirmation — any sample or model which is part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model: 2,000-foot setbacks were shown in the presentation to sell, (I believe six were installed within 1,000 feet of homes), Invenergy states in court “we did not make those changes” (that wasn’t me) as to placement, the “project” as a whole is responsible. It is “one entity” with regards to the law. What if the turbines were moved because the wind rights subs told residents if they sign first we will build farthest from your house? 2. UCC 2-314 Implied Warranty of Merchantability — conform to the promises or affirmations of fact. Invenergy had reason to know of adverse impacts. See the Robert Bryce Wind Turbine Rejection database of hundreds of new ordinances throughout the United States by date of implementation barring installations in this manner. 3. UCC 2-315 Warranty of Fitness for a particular purpose. Invenergy had reason to know Worth County was relying on their skill or judgment that the installation was fit for such purpose. See the Robert Bryce database. The laws broken acting as a contractor UCC 2-201 Statute of Frauds. All contracts will be in writing if either, and/or: 1. Calling for the sale of land or an interest therein like a concrete seal slab. 2. Not to be completed/performed within one year. Invenergy can’t claim vested rights to an unknown project; vested rights is contract law. The “essence of fraud is deception.” To be successful in a fraud action one must show all of the following 1. Misrepresentation of fact. (video tape recording of Invenergy lawyer and project manager in April and October 2021 BOS meetings) 2. Intent to deceive. Invenergy representatives using words like potentially and essentially in same videos. 3. Worth County reasonably relied upon deceitful information. 4. Worth County suffered injury in the Deer Creek Project as a result of deceitful information. With the laws broken Worth County was forced to implement a wind ordinance. Invenergy acquired a contract with Freeborn County prior to construction, why not Worth County?

Alan Reese
Northwood