Judge Hears Motion To Dismiss Wind Farm Lawsuit In Gage County
By Gordon Hopkins
Gage County District Court Judge Rick A. Schreiner heard arguments in a motion to dismiss a lawsuit aimed at halting the refitting of turbines at the Steele Flats Wind Farm. The hearing was held Monday, January 27, 2025.
Plaintiff Kevin McIntyre, represented by attorney Gregory Kratz, is objecting to the issuance of permits to allow for what is called “repowering” of the turbines. Repowering can include increasing the height of the towers and well as the length of the blades. However, the repowering project does not call for any new towers to be built.
The motion requests that the lawsuit be dismissed, “because the court lacks subject matter jurisdiction, Plaintiffs lack standing, Defendants are immune from being sued, Plaintiffs have failed to join a necessary party, and the Petition otherwise fails to state a claim upon which relief can be granted.”
After Judge Schreiner heard both sides, he indicated he would take the matter under advisement.
Steele Flats is located in both Jefferson and Gage Counties. Kratz also represents a landowner in Jefferson County, Wilma M. Saathoff, that has filed a similar lawsuit. A Motion to Dismiss was heard in Jefferson County on Wednesday, January 9, by Jefferson County District Court Judge David J.A. Bargen. Judge Bargen heard both sides and said he would issue a decision “as expeditiously as possible.”
Despite the ongoing lawsuit, the repowering project has not been delayed.
