IN RE APPLICATION OF BUCKEYE WIND, L.L.C.

No. 2010-1554.

131 Ohio St.3d 449 (2012)

2012-Ohio-878

IN RE APPLICATION OF BUCKEYE WIND, L.L.C. FOR A CERTIFICATE TO CONSTRUCT WIND-POWERED ELECTRIC GENERATION FACILITIES IN CHAMPAIGN COUNTY, OHIO; UNION NEIGHBORS UNITED ET AL., Appellants; POWER SITING BOARD ET AL., Appellees.

Supreme Court of Ohio.

Decided March 6, 2012.


Attorney(s) appearing for the Case

Van Kley & Walker, L.L.C., Jack Van Kley , and Christopher A. Walker , for appellants Union Neighbors United, Robert McConnell, Diane McConnell, and Julia F. Johnson.

Nick A. Selvaggio , Champaign County Prosecuting Attorney, and Jane A. Napier , Assistant Prosecuting Attorney, for appellants Champaign County and Goshen, Salem, and Union Townships.

Michael DeWine , Attorney General, and William L. Wright , Werner L. Margard III , and John H. Jones , Assistant Attorneys General, for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., M. Howard Petricoff , Stephen M. Howard , and Michael J. Settineri , for intervening appellee, Buckeye Wind, L.L.C.

Larry Gearhardt , Chad A. Endsley , and Leah F. Finney , urging affirmance for amicus curiae, Ohio Farm Bureau Federation.


LANZINGER, J.

{¶ 1} This is the first time that we have reviewed an order involving the grant of authority to construct a proposed wind-powered electric generation facility. After full review of the record and consideration of the parties' arguments, we hold that the order of the Power Siting Board should be affirmed because the board acted in accordance with all pertinent statutes and regulations.

I. Background

{¶ 2...

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