By KALEY LYON

klyon@dailynews.net

In a unanimous decision at Monday's meeting, Ellis County Commissioners endorsed terms of settlement in a lawsuit regarding a wind farm southwest of Hays.

While commissioners said the settlement could bring closure to the hotly disputed wind farm controversy, lawsuit plaintiffs might not be so sure.

Two plaintiffs, one on condition of anonymity, said this morning they haven't signed the agreement and do not consider the matter closed.

"This group hasn't signed anything," said Keith Pfannenstiel, one of 21 plaintiffs in the case of Davis v. Ellis County.

The plaintiffs' attorney, Patrick Hughes of Wichita, declined to comment Tuesday afternoon. Other plaintiffs The Hays Daily News attempted to contact either were unavailable or declined comment.

County commissioners, however, said they are under the impression the issue had been resolved.

"As far as I know, it's a done deal," Commissioner Glenn Diehl said. "We wouldn't have signed it if we didn't think anybody else was going to sign it. ... As far as I know, it's over with."

Commissioner Perry Henman also said at the meeting he understood all parties had accepted the terms.

Ellis County Counselor Dennis Davidson said he had come to understand through communication with the other party's attorney that the agreement was acceptable.

"It's my understanding, and based on assurances from the other parties' attorneys, that all of the parties have agreed to these terms, and the matter will be concluded and the case will eventually be dismissed," Davidson said this morning.

A third party in the lawsuit was Hays Wind, acting as a co-defendant. Attorney Mel Sauer, representing the company, said this morning his client has accepted the terms of settlement, and the signatures from Hays Wind are forthcoming.

Sauer also said it is his understanding the plaintiffs' attorney has indicated approval.

According to the proposed settlement, Hays Wind has agreed to relocate 15 wind turbines, pulling the project's boundaries back from city limits. The company also has agreed it will not install generators in the city-governed 3-mile zoning radius.

According to the settlement, wind turbines must be located at least 2,000 feet from existing residences.

The provision doubles the setback requirement of 1,000 feet mandated in the county's zoning regulations.

In other action at Monday's meeting:

* The commission denied a funding request made by Big Brothers Big Sisters, enabling the organization to proceed with obtaining a state grant.

* The commission approved a conditional-use permit requested by Robert and Bonita Philip. The permit was requested for the establishment of a truck parking and in-transit load storage at 878 280th Ave. in Munjor.

* For past wind farm news, visit www.HDNews.net.

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