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MUSCARELLO v. OGLE COUNTY BD. OF COM'RS

Nos. 08-2464, 09-1381.

610 F.3d 416 (2010)

Patricia A. MUSCARELLO, Plaintiff-Appellant, Cross-Appellee, v. OGLE COUNTY BOARD OF COMMISSIONERS, et al., Defendants-Appellees, and Baileyville Wind Farms, LLC, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 24, 2010.

Attorney(s) appearing for the Case

Charles V. Muscarello (argued), Denker & Muscarello, St. Charles, IL, for Plaintiff-Appellant, Cross-Appellee.

Timothy F. Horning (argued), Thomas O. Meyer, Meyer & Horning, Clayton L. Lindsey (argued), Williams & McCarthy, Jason H. Rock, Barrick, Switzer, Long, Balsley & Van Evera, Rockford, IL, for Defendants-Appellees.

Before BAUER, WOOD, and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

Ogle County joined the alternative energy bandwagon in 2003 when it adopted an amendment to its zoning ordinances to allow special use permits for the construction of windmills used to generate power. In 2005, Baileyville Wind Farms, LLC ("Baileyville") took the county up on its offer by applying for and receiving a special use permit to construct 40 windmills.

Patricia Muscarello evidently did not share the county's enthusiasm for wind...

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