News: Ron Cope Quoted on Wind Farm Litigation in DeKalb Daily Chronicle

Ungaretti & Harris Land Use, Zoning and Eminent Domain Practice Chair Ronald S. Cope was quoted in the DeKalb Daily Chronicle article, "Complaint in wind farm case dismissed." Mr. Cope represents DeKalb County and wind farm developer Florida Power & Light Energy Illinois Wind LLC, the parent company of NextEra Energy Resources, in a complaint filed against the two parties, which have built wind turbines in the southwest portion of the county.  

To read the full article, please see below.

A judge dismissed Wednesday a complaint filed against all 24 members of the DeKalb County Board as well as a wind farm developer who has built turbines in the southwest portion of the county.

Judge Michael Colwell dismissed the complaint – which was filed by a group of residents called Citizens for Open Government – because it lacked factual evidence, he said. But his ruling came along with a 28-day leave granted to the plaintiffs to amend the complaint.

"There must be underlying facts to support these allegations," said Ronald Cope, the Chicago attorney who is defending the county. "The complaint states that (the turbines) will prevent plaintiffs from using and enjoying their property. Well that's nice, but ... no facts are set forth. That's just a general statement to what they feel might be the case."

The lawsuit was filed in July against the county board members and Florida Power & Light Energy Illinois Wind LLC, which is the parent company of NextEra Energy Resources.

The suit stems from the county board’s June decision to allow NextEra to build a 119-turbine wind farm in Afton, Clinton, Milan and Shabbona townships. The project includes 151 total turbines; the remaining turbines would be in Lee County and in the villages of Lee and Shabbona. So far, 145 of the turbines have been built.

The 39 member Citizens for Open Government group opposes the project, is seeking to halt construction of the wind turbines and wants to prevent the project from ever going online.

Rick Porter, attorney for the citizens group, said he is filing an amended motion for a temporary restraining order, which would stop construction of the towers. No action was taken on that motion Wednesday.

Porter did argue, however, that the DeKalb County Board ignored its own zoning laws when members voted in June to grant the project special use status.

"(Wind turbines) are not one of the 25 recognized special uses," he said. "This is an unpermitted, unrecognized special use."

County officials disagree, saying that the project is allowed under a special use clause that permits "essential service structures" and those related to public use.

Colwell asked the plaintiff to revise the original complaint, providing specific evidence to support all allegations. A future court date was not yet set following Wednesday's decision.

Colwell's courtroom is in the Kane County Judicial Center in St. Charles but is handling the case because Porter asked that DeKalb County Presiding Judge Kurt Klein assign a judge from outside the county to the case. Kane and Kendall counties are in the same circuit as DeKalb.