Legal Opinion

Dunmoyer v. Wells County, Indiana Area Plan Commission

Indiana Court of Appeals

Decided May 12, 2015No. 90A02-1407-MI-460PublishedCited by 4 opinions

1Opinion of the Court

KIRSCH, Judge.

[1] 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 allowing the construction of approximately sixty-eight wind turbines on private property located in southern Wells County, Indiana (“Zoning Decision”).2 Adjacent landowners, James E. and Tamara L. Dunmoyer, Jr.; Linus' and Karen Harrold; Theron and Clara Miller; Clarence and…

2Cases cited11 opinions

  1. Boffo v. Boone County Board of Zoning AppealsIndiana Court of Appeals · 1981
  2. Morse v. StateIndiana Supreme Court · 1992
  3. Northern Indiana Public Service Co. v. BloomIndiana Supreme Court · 2006
  4. Habig v. BruningIndiana Court of Appeals · 1993
  5. Beck v. City of EvansvilleIndiana Court of Appeals · 2006

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Allen County Plan Commission v. Olde Canal Place AssociationIndiana Court of Appeals · 2016
  2. David J. and Susan L. MacFadyen v. City of Angola, City of Angola Plan Commission, and Trine University, Inc.Indiana Court of Appeals · 2016
  3. Central States Tower III, LLC, a/k/a Central States Tower v. Plan Commission of the City of Portage (mem. dec.)Indiana Court of Appeals · 2018
  4. Fifty Six LLC, individually and, alternatively, in the Name of the State of Indiana ex rel. Fifty Six LLC v. Metropolitan Board of Zoning Appeals of Marion County and Fall Creek Owner LLC (mem. dec.)Indiana Court of Appeals · 2020

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