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DUNMOYER v. WELLS COUNTY, IND. AREA PLAN

No. 90A02-1407-MI-460.

32 N.E.3d 785 (2015)

James E. and Tamara L. DUNMOYER, Jr., Linus and Karen Harrold, Theron and Clara Miller, Clarence and Beverly Zimmerman, individually and as Trustees of the Clarence Zimmerman and Beverly Zimmerman Revocable Living Trust, Michael and Barbara Butche, and Jeffrey and Janet Harshman, Appellants-Petitioners, v. WELLS COUNTY, INDIANA AREA PLAN COMMISSION, Wells County Wind II, LLC, Apex Clean Energy Holdings, LLC, and Apex Wind Energy, Inc., Appellees-Respondents.

Court of Appeals of Indiana.

May 12, 2015.

Attorney(s) appearing for the Case

Patrick R. Hess , Brian C. Heck , Beckman Lawson, LLP, Fort Wayne, IN, Attorneys for Appellants.

Robert W. Eherenman , Andrew L. Teel , Haller & Colvin, P.C., Fort Wayne, IN, Attorneys for Appellees Apex Wind Energy, Apex Clean Energy, and Wells County Wind II.

Colin Z. Andrews , Carnall, Andrews & Crell, P.C., Bluffton, IN, Attorneys for Appellee Wells County Area Plan Commission.

The Wells County, Indiana Area Plan Commission ("Plan Commission") approved a petition for the development of a large wind energy conversion system ("WECS") project that was filed by Wells County Wind II, LLC, Apex Clean Energy Holdings, LLC, and Apex Wind Energy, Inc. (collectively, "Apex"),1 thereby...

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