Judges issues temporary injunction in wind farm dispute with Saline County

Injunction will allow arguments to go forward on the merits of a challenge regarding turbine noise limit

August 2, 2023Updated: August 2, 2023
News Channel NebraskaBy News Channel Nebraska

BEATRICE – A Saline County District Judge has granted a temporary injunction in a challenge brought by operators of a wind farm in the county, against the Saline County Board of Adjustment. 

Judge David Bargen entered a ruling putting in place a temporary injunction prohibiting enforcement of a board of adjustment July 25th decision, until the merits of the case are determined.

Milligan 1 LLC…which operates a wind farm with 99 turbines in a part of Saline County, objects to a turbine sound limitation on its operation….which it claims was not in force when the wind farm received a permit to operate from the Saline County Commission.

The Board of Adjustment, acting on an appeal by Alan Brunkow….ordered that wind turbines may not operate above 50-decibels noise, within one-thousand feet of Brunkow’s property…..or be subject to being shut down.

Judge Bargen found that Milligan 1 LLC has shown cause for entering the temporary injunction.  The wind farm owners have alleged the Board of Adjustment order is unlawful because it attempts to impose a retroactive sound limit on the conditional use permit the wind farm operator was granted.

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