IN RE APPLICATION OF CHAMPAIGN WIND, L.L.C.

No. 2013-1874.

146 Ohio St.3d 489 (2016)

2016-Ohio-1513

IN RE APPLICATION OF CHAMPAIGN WIND, L.L.C., FOR A CERTIFICATE TO CONSTRUCT A WIND-POWERED ELECTRIC GENERATING FACILITY IN CHAMPAIGN COUNTY, OHIO; CHAMPAIGN COUNTY ET AL., APPELLANTS; POWER SITING BOARD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 13, 2016.


Attorney(s) appearing for the Case

Kevin S. Talebi , Champaign County Prosecuting Attorney, and Jane A. Napier , Assistant Prosecuting Attorney, for appellants Champaign County and Goshen, Union, and Urbana Townships.

Van Kley & Walker, L.L.C., Jack A. Van Kley , and Christopher A. Walker , for appellants Union Neighbors United, Robert McConnell, Diane McConnell, and Julia F. Johnson.

Michael DeWine , Attorney General, William L. Wright , Section Chief, and Werner L. Margard , Assistant Attorney General, and Sarah Bloom Anderson and Summer J. Koladin-Plantz , Assistant Attorneys General, for appellee Ohio Power Siting Board.

Vorys, Sater, Seymour & Pease, L.L.P., M. Howard Petricoff , Michael J. Settineri , and William A. Sieck , for intervening appellee, Champaign Wind, L.L.C.

Chad A. Endsley and Leah F. Curtis , urging affirmance for amici curiae Ohio Farm Bureau Federation and Champaign County Farm Bureau.

Howard Learner and Trent A. Dougherty , urging affirmance for amici curiae Environmental Law and Policy Center and Ohio Environmental Council.

KENNEDY, J., dissents with an opinion that PFEIFER, J., joins.


{¶ 1} Appellants, a collection of local governmental entities and residents, appeal a decision made by appellee the Ohio Power Siting Board that granted a certificate to intervening appellee, Champaign Wind, L.L.C., to construct a wind-powered electric-generation facility, or wind farm, in Champaign County. Appellants...

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