On Wednesday October 6th, District Judge Mark Kozisek issued an order in a lawsuit filed against Cherry County Board of Commissioners including James Ward, Martin DeNaeyer and Tonya Storer. The original suit in part, filed by Preserve The Sandhills and Charlene Reiser McCormick, alleged conflict of interest for commissioners DeNaeyer and Storer. Judge Kozisek reported that after a review, the Nebraska Political Accountability and Disclosure Commission found no conflict according to law. Plaintiffs then filed an amended complaint on September 5th, 2019 expanding the issues to including: abuse of official position. A second amended complaint filed in April of 2021 sought orders reversing and vacating the Conditional Use Permit issued by the commissioner for the proposed Kilgore Wind Project. Judge Kozisek stated that according to the deposition of one Preserve The Sandhills member, “Bottom line, PTS was formed to prevent windfarms in the sandhills area and oppose, resist, and challenge efforts by Bluestem Sandhills Kilgore’. The judge ordered that Preserve The Sandhills suffers no separate and distinct injury and therefore has no common law standing. Likewise Reiser McCormick demonstrated no special injury peculiar to herself, nor sustained any direct injury as a result of the anticipated action.
The final entry by Judge Kozisek stated “summary judgement is entered in favor of the defendants and the plaintiff’s amended complaint is dismissed with prejudice, with costs taxed to the plaintiffs.