WREX.com – Rockford’s News LeaderArizona woman sues Winn. Co. over wind farm law

Arizona woman sues Winn. Co. over wind farm law

By Bob Schaper

ROCKFORD (WREX) - An Arizona woman with property in Winnebago County sues to block a proposed wind farm. The lawsuit was filed in federal court about two weeks ago... And claims the county's new wind farm law violates her rights.

Patricia Muscarello, who lives near Scottsdale, Ariz., owns several hundred acres east of German Valley where Navitas Energy hopes to build a wind farm. But with this lawsuit, the company's attorney says, those plans are probably on hold.

"I'm very disappointed to hear that they filed a lawsuit against it."

Muscarello filed a similar lawsuit in Ogle County, which has been dragging on for three years.

Richard Beuth farms near the Winnebago and Stephenson counties border. He agreed to let Navitas put a wind turbine on this ridge line just west of his home.

"I guess I wasn't surprised because they did that in a neighboring county," Beuth says.

Patricia Muscarello alleges a lot of things in her 27 page lawsuit, everything from interfering with television reception to causing turbulence in the wind. But one of the main points, her lawsuit says, is that the county didn't give her fair notice of the wind farm hearings and that they weren't conducted properly last summer and fall.

"We spent a lot of time analyzing what we were doing," says David Kurlinkus, deputy state's attorney for civil matters. "We spent a lot of time analyzing what the requirements were."

Board Chairman Scott Christiansen agrees.

"I think we have a good ordinance and I think it's one that will stand up very well in court," he says.

"We were hoping to get these towers up this summer and generate money not only for the farmers but also the local property tax, especially the school district," Beuth says.

Muscarello's lawyer, John Rearden Jr.,  wouldn't comment on the case.

Kurlinkus says there's always a chance the lawsuit could be settled out of court, clearing the way for construction this summer.

Defendants are the Winnebago County Board, Chairman Scott Christiansen, the Winnebago County Board of Appeals, Troy Krup, planning and zoning administrator, Navitas Energy, the company developing the wind farm, and Spain-based Gamesa Corporation Technologica, a partner in the project.