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SMOKY HILLS WIND PROJECT v. CITY OF INDEPENDENCE

Nos. 17-1091, 17-1171.

889 F.3d 461 (2018)

SMOKY HILLS WIND PROJECT II, LLC, Plaintiff-Appellant, v. CITY OF INDEPENDENCE, MISSOURI, Defendant-Appellee. Smoky Hills Wind Project II, LLC, Plaintiff-Appellee, v. City of Independence, Missouri, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2018.

Attorney(s) appearing for the Case

Megan J. Beauregard , Suite 220, One Tech Drive, Andover, MA 01810, Daniel E. Blegen , Charles W. German , Benjamin D. Mooneyham , German & May, 20th Floor, 20th Floor, 1201 Walnut Street, Kansas City, MO 64106-0000 for Plaintiff-Appellee.

Rachel Heath Baker , Andrew Joseph Goodwin , Seigfreid & Bingham, Suite 1000, 2323 Grand Boulevard, Kansas City, MO 64108, Kerry A. Hodges , Jennings & Strouss, Suite 1900, One East Washington Street, Phoenix, AZ 85004-2554, Gerit Hull , Alan I. Robbins , Attorney, Debra Roby , Jennings & Strouss, Suite 810, 1350 I Street, N.W., Washington, DC 20005 for Defendant-Appellant.

Before SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges.

This case involves a "Renewable Energy Purchase Agreement" ("REPA") that resulted from arms-length bargaining between parties with longstanding experience and expertise in the generation and marketing of electrical energy. Smoky Hills Wind Project II, LLC ("Smoky II"), operates a wind farm generating wind energy which it...

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