Jefferson County Wind Farm Lawsuit Dismissed

By Gordon Hopkins A lawsuit filed by Jefferson County landowners over the repowering of the Steele Flats Wind Farm has been dismissed. Wilma S. Saathoff, represented by attorney Gregory Kratz, objected to the county issuing building permits to NextEra Energy, the company that owns and operates Steele Flats, for the repowering project. Repowering means retrofitting existing wind turbines with new or refurbished technology, such as turbines or blades or even making the tower taller, which can in turn increase the energy output.Steele Flats was constructed in 2013. Significantly stricter zoning regulations were adopted by Jefferson County in 2023. However, it was the contention that, because no new wind towers were being added, those towers are not subject to the 2023 regulations. Zoning Administrator John McKee had determined that the changes to the existing towers would not violate the 2013 regulations and approved the permits.Saathoff is the owner of real estate located in the same zoning district as some of the subject wind turbines and alleged she has and will suffer damage from the turbines. In her complaint, she alleged “constant movement, unbearable noise, and shadow flicker” that has “caused a loss to me personally of the peaceful enjoyment of my home and property.” The lawsuit sought to have the building permits set aside and vacated.The repowering project continued while the lawsuit was ongoing and has been completed.In his decision, Judge David J.A. Bargen noted the plaintiff did not appeal the Zoning Administrator’s decision to issue the building permits to the Board of Adjustment, as required by Neb. Rev. Stat §§ 23-168.03-04. Steele Flats, which consists of 44 wind turbines, 32 in Jefferson County and another 12 in Gage County.A similar lawsuit was filed by Kratz in Gage County District Court, representing Gage County landowners.That case was dismissed in March of this year.

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