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Wind farm opponents file lawsuitHAYS, Kan. (AP)--Residents living near a proposed wind farm have sued the Ellis County Commission, seeking to reverse its decision to issue a conditional-use permit for the project. The lawsuit on behalf of 44 plaintiffs contends the proposed project requires the use of land not included within the conditional-use permit. It also argues that the project would not comply with county zoning regulations and that the commissioners' decisions to approve the development plan and permit were unreasonable and unlawful. The lawsuit, filed Sept. 2 in Ellis County, did not ask for a restraining order. Commissioners voted 2-to-1 on July 28 to approve the wind farm's development plan and the conditional-use permit application. Patrick Hughes, the Wichita attorney representing the residents, said that because no restraining order was sought, the case will proceed much like any other civil case. That means that unless there is an extension the defendants will have 20 days to respond. Hughes said there was no need for a restraining order because its development likely would not happen soon. Construction of the 100-turbine, 200-megawatt wind farm is not expected to start for at least a year. Neither Dennis Davidson, the Russell attorney who has been representing Ellis County on the wind issues, nor Mel Sauer, the attorney representing Hays Wind LLC, could be immediately reached for comment. 9/8/08 Date: 9/4/08
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