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IN RE APPLICATION OF BLACK FORK WIND ENERGY, L.L.C.

No. 2012-0900.

138 Ohio St.3d 43 (2013)

2013-Ohio-5478

IN RE APPLICATION OF BLACK FORK WIND ENERGY, L.L.C., FOR A CERTIFICATE TO SITE A WIND-POWERED ELECTRIC-GENERATION FACILITY IN RICHLAND AND CRAWFORD COUNTIES, OHIO; BIGLIN ET AL., Appellants; POWER SITING BOARD ET AL., Appellees.

Supreme Court of Ohio.

Decided December 18, 2013.

Attorney(s) appearing for the Case

Patrick T. Murphy Law Office, Patrick T. Murphy , and Zachary L. Tidaback , for appellants.

Michael DeWine , Attorney General, and William L. Wright and Devin D. Parram , 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 Black Ford Wind Energy, L.L.C.

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

KENNEDY, J.

{¶ 1} Appellants, Gary J. Biglin, Brett A. Heffner, Alan Price, Catherine Price, and John Warrington, appeal from an order of the Power Siting Board issuing a certificate to Black Fork Wind Energy, L.L.C., to construct a proposed wind-powered electric-generation facility, or wind farm, in portions of Richland and Crawford Counties. In their only remaining proposition of law...

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