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MATHIS v. IOWA UTILITIES BD.

No. 18-1184.

934 N.W.2d 423 (2019)

Bertha MATHIS and Stephen Mathis, Appellants, v. IOWA UTILITIES BOARD, Appellee, and Palo Alto Wind Energy, L.L.C. and MidAmerican Energy Company, Appellees, and Palo Alto County Board of Supervisors, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 30, 2019.

Attorney(s) appearing for the Case

Wallace L. Taylor of Law Offices of Wallace L. Taylor , Cedar Rapids, and John M. Murray of Murray and Murray, Storm Lake, for appellants.

Cecil I. Wright II , Assistant General Counsel, and Emily Willits , Assistant Attorney General, for appellee Iowa Utilities Board.

Bret A. Dublinske and Brant M. Leonard of Fredrikson & Byron, P.A., Des Moines, for appellees Palo Alto Wind Energy, L.L.C. and MidAmerican Energy Company.

Sheila K. Tipton and Haley R. Van Loon of Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, PLC, Des Moines, and Peter C. Hart , Palo Alto County Attorney, for appellee Palo Alto County Board of Supervisors.

In this case we are asked to review a longstanding Iowa Utilities Board (IUB) legal standard for when a series of wind turbines constitute an "electric power generating plant or combination of plants at a single site" within the meaning of Iowa Code section 476A.1(5) (2017). The statute itself does not provide an obvious answer...

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