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District Court Hears Motion to Dismiss Wind Energy Case

By Staff | Jan 25, 2018

Attorneys for the Palo Alto County Board of Supervisors presented their arguments for a Motion to Dismiss or Alternatively a Motion for More Specific Statement during a telephone hearing in District Court on Friday, Jan. 12 before District Court Judge Don E. Cortney.

The original court document filed Nov. 22, 2017, by the plaintiffs; Bertha Mathis, Stephen Mathis, Tillford Egland, Thomas Stillman, Lois Stillman, Michael Reding and Susanne Reding against the Defendants; the Palo Alto County Board of Supervisors petitions for Court for Declaratory and Injunctive Relief and for a Writ of Certiorari.

Declaratory and Injunctive Relief requests refers to a judgment which determines the rights of parties which requires an individual to do or not to do a specific action and the party making the request is seeking an official declaration of the status of the matter in controversy. In this case the Wind Energy Conversion System Ordinance.

Attorney Haley Van Loon of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L. C. from Des Moines argued that in the initial filing the Plaintiffs failed to state a claim upon which relief may be granted. She requested that the case against the Palo Alto County Board of Supervisors be dismissed or that the Plaintiffs be required to provide more specific reasons for their case.

Plaintiff Attorney John M Murray, of Murray and Murray in Storm Lake, argued that more than enough specific statements had been provided for the case to continue.

Judge Cortney told both parties that he would make a decision as soon as possible, which could take anywhere from one to three months.