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CENERGY-GLENMORE WIND FARM v. TOWN OF GLENMORE

No. 13-2633.

769 F.3d 485 (2014)

CENERGY-GLENMORE WIND FARM #1, LLC, Plaintiff-Appellant, v. TOWN OF GLENMORE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 2014.

Attorney(s) appearing for the Case

Joseph R. Cincotta , Attorney, Kerkman & Dunn, Milwaukee, WI, for Plaintiff-Appellant.

Remzy D. Bitar , Attorney, Crivello Carlson, S.C., Milwaukee, WI, for Defendant-Appellee.

Before TINDER and HAMILTON, Circuit Judges, and KAPALA, District Judge.

HAMILTON, Circuit Judge.

Plaintiff CEnergy-Glenmore Wind Farm #1, LLC, obtained a conditional use permit from the town of Glenmore, Wisconsin, to develop a wind farm there. But the company did not obtain required building permits in time to take advantage of a lucrative opportunity to sell electricity generated by wind turbines to a Wisconsin power company. CEnergy then filed this lawsuit against Glenmore claiming a denial of its right under the Fourteenth Amendment...

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