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MUSTANG RUN WIND PROJECT v. OSAGE NATION

Case Number: 113463.

387 P.3d 333 (2016)

2016 OK 113

MUSTANG RUN WIND PROJECT, LLC, Plaintiff/Appellee v. OSAGE COUNTY BOARD OF ADJUSTMENT, Defendant/Appellant, v. The Osage Nation, Counter-Appellant.

Supreme Court of Oklahoma.

Decided: November 1, 2016.

Attorney(s) appearing for the Case

Joel L. Wohlgemuth and Ryan A. Ray , Norman Wohlgemuth Chandler Jeter Barnett & Ray, Tulsa, Oklahoma, for Plaintiff/Appellee Mustang Run Wind Project LLC.

R. Tom Hillis , Assistant District Attorney of Osage County, Pawhuska, Oklahoma, for Defendant/Appellant Osage County Board of Adjustment.

John W. Moody , Tulsa, Oklahoma for Counter Appellant, Osage Nation.

¶ 1 Mustang Run Wind Project, LLC, (Mustang) filed an application with the Osage County Board of Adjustment for a conditional use permit involving between 9,406 and 9,453 acres of land. Mustang proposed to use the land for placing sixty-eight wind turbines on less than 150 acres and generating electricity.1<...

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