MANITOWOC — A controversial zoning conditional use permit that was granted last year for a new wind farm near the town of Two Rivers was vacated Tuesday by Manitowoc County Circuit Court Judge Patrick Willis.
Willis ruled in favor of five plaintiffs — George Patek, Jeffrey and Anita Roberts, and Dean and Clara Pekarek — who live near the Emerging Energies LLC-proposed wind farm.
The Manitowoc County Board of Adjustment had failed to act "according to law" when the permit was approved because it did not apply the most recently amended version of the Manitowoc County Wind Energy Ordinance, according to the court decision.
"This is a major victory for the plaintiffs and everyone else who was concerned that the proposed wind farm was essentially rubber-stamped by the Board of Adjustment," said Glenn Stoddard, an attorney representing the plaintiffs. "If Emerging Energies reapplies it will have to do so under the amended ordinance and the Board of Adjustment would have to make a rational decision based on the law and the evidence presented."
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