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Next step for proposed wind farm remains an uncertainty

Published on -5/13/2009, 12:35 PM

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By KALEY LYON

klyon@dailynews.net

While two of three parties involved in a lawsuit regarding a proposed wind farm southwest of Hays have signed a settlement agreement, it remains unclear what will happen next.

The Ellis County commissioners approved the agreement Monday, with Hays Wind later endorsing the document, County Counselor Dennis Davidson said.

Plaintiffs contacted by The Hays Daily News, however, say they have not signed the document, with at least one implying their intent is to do so.

While some question has been posed as to whether the county commission should have made the document public before the other signatures were obtained, Davidson said it was within the county's rights to take action.

"The agreement itself was never confidential," Davidson said, noting discussions throughout the mediation process were to be kept confidential until a consensus had been reached.

Legal counsel for the county and Hays Wind have maintained a consensus was reached. The plaintiffs' attorney, Patrick Hughes of Wichita, declined to comment.

Davidson also said while no exact timeline was established for approval, the county commission had the go-ahead to take action when it was ready.

The proposed settlement refers to a second agreement between Hays Wind and the 21 plaintiffs, and Davidson said he understands that agreement -- which does not involve the county commission -- will be kept confidential.

All plaintiffs in the case will have to endorse the primary settlement, Davidson said.

In the meantime, proceedings in the lawsuit will be stayed. If all parties agree to the settlement and fulfill the obligations imposed by the agreement, the case will be dismissed, Davidson said.

6 comment(s) found
kane enables: 5/14/2009
What a convenient logic to suggest people who profit by providing service to clean energy are greedy and those who obstruct are not. If opponents push for more and end up with nothing it will be justice.
(Posted by: 9KXWA)
: 5/13/2009
Money won't make the concerns go away. They are stuck with those concerns for as long as they live out there. As a homeowner, if I had to deal with those for the rest of the time that I owned my home - I would expect some sort of compensation. There doesn't seem to be as much concern about how much money that the owners of land with wind turbines on them will make at the expense of everyone around them.
(Posted by: understanding homeowner)
pay 'em off: 5/13/2009
Yep, pay 'em off and they'll go away. What a bunch of jokers. Turns out the poor schmucks who were fed the BS of these guys about "safety" issues are dummies here.
(Posted by: Dealin' with Dummies)
TO: SO SAD: 5/13/2009
I don't think you could pay me enough money to be forced to live where THEY live. The possibility of the value of thier home to depreciate and so on. Whatever they get I say I'm glad it's you and not me.
(Posted by: )
Money: 5/13/2009
The plaintiffs probably had a gun held to their heads (again). Take this or risk getting nothing and be wind-farmed anyway. Quite cynical to imply any greed on the part of plaintiffs at this point. We all know where the real greed lies.
(Posted by: citizen kane)
Second Agreement: 5/13/2009
The second agreement will be confidential? So, we won't know how much money they are holding out for? Funny how all their concerns go away as soon as they get the money that they wanted.
(Posted by: So sad)

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