About 40 people attended the Cherry County Commissioners meeting to talk about Wind Development in Cherry County. Cherry County Attorney Eric Scott was not able to attend the morning meeting where public comment was given.
Carolyn Semin and Gary Phipps were among letters to the Zoning Administrator and Commissioners filing the official complaint. They felt the Conditional Use Permit expired last October and is no longer valid. Some also stated that they felt Sandhills Energy did not fully meet all of the counties conditions such as line of credit and fire suppression plans with local departments.
There seems to be some precedence in Nebraska that a project that is delayed by lawsuits, can reset the clock for expiration of a C.U.P.
Chairman Mike McConaughey resumed the meeting at 2pm and stated that the process for filing a complaint is fully addressed in the zoning regulations. A complaint should first be filed with zoning Administrator, Jane Stolzenbuerg and she will notify the permit holder and conduct her own investigation. The administrator shall have full authority to order discontinuance if violations have occurred. She may also take any legal action necessary to ensure compliance. This was reiterated by County Attorney Eric Scott who was present at the afternoon meeting. Commissioner McConaughey stated that a Sheriff’s deputy would be available to assist in the investigation if needed. Mr. Scott said that he did not feel that would be necessary. Mr. Scott stated that he will meet with Mrs Stolzenberg to go over how to conduct the investigation to determine the facts.
There were no comments from representative’s of Sandhills Energy during the public comment time. Sandhills Energy did break ground on construction of a road to the proposed site prior to the October 15th, 2024 deadline.