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.