Attorneys representing Preserve the Sandhills and several individuals filed an amended complaint in Cherry County District Court against Cherry County, County Board of Commissioners, Bluestem Sandhills Kilgore, Cherry County Wind LLC and Bluestem Sandhills LLC.  This amended complaint from Preserve the Sandhills includes Charlene Reiser McCormick, William Schmitt, Danielle Robinson, Shawn and Kayte Robinson, Jim and Anita Robinson, John Hamilton, Kort Hamilton, Marion and Merrial Rhoades, Wayne Eatigner and Deborah Galloway.

On March 3rd, District Judge Mark Kozisek dismissed similar complaints by Preserve The Sandhills and Charlene Reiser McCormick against the same parties ruling that the complaint was devoid of any factual allegations that neither Preserve The Sandhills or Reiser McCormick would suffer some direct injury. 

The latest complaint, efiled shortly after 5pm on the March 18th deadline issued by judge Kozicek, states that the plaintiffs would  suffer direct and irreparable harm, including adverse impacts upon their property values, quality of life, and right to quiet enjoyment, intrusions and other nuisances and dangers.


On March 3rd, Judge Kozisek ruled that defendants will be allowed until March 31st to answer any new complaints.

The complaint appealed the County Boards granting of a conditional use permit to Bluestem Sandhills Kilgore LLC for a wind facility near Kilgore. The complaint also argues that the CUP is not in harmony or compatible with, and contrary to, the character of the area and most appropriate use of the land.

 As a side note, it appears that there are now 11 attorneys, representing various parties are involved in this complaint.