On Tuesday, District Judge Mark Kozisek issued an order to dismiss complaints by Preserve The Sandhills and Charlene Reiser McCormick against Cherry County, County Commissioners, Bluestem Sandhills LLC and Cherry County Wind LLC. The order ruled that the complaint was devoid of any factual allegations that Preserve The Sandhills will suffer some direct injury. The ruling goes on to state that Reiser McCormick fairs no better with no legal standing. The complaint appealed the County Boards granting of a conditional use permit to Bluestem Sandhills Kilgore LLC for a wind facility near Kilgore. The judges ruling stated that in order for a party to establish standing to bring suit, it is necessary to show that the party is in danger of sustaining direct injury as a result of anticipated action. The Plaintiffs will be allowed until March 18th to file an amended complaint and defendants will be allowed until March 31st to answer any new complaints.
District Judge Mark Kozisek Dismisses Preserve The Sandhills Complaints
