Less than a week after Carroll County Judge David Writer signed a road use and maintenance agreement relating to a planned wind farm near Green Forest, a lawsuit was filed in Carroll County Circuit Court seeking a permanent injunction that would prevent the county from acting on the agreement.
Fayetteville attorney Matt Bishop filed the complaint Tuesday, Oct. 1, in Carroll County Circuit Court’s Eastern District. The complaint names more than 20 plaintiffs, which it describes as property owners in the county’s eastern district.
Writer signed the agreement with Nimbus Wind Farm LLC, a subsidiary of Scout Clean Energy, on Sept. 25. The agreement, which is also signed by Nimbus vice president Mark Wengierski, outlines the obligations of both parties regarding the use of county roads in connection with the Nimbus project, which has drawn vigorous opposition from local residents.
Scout, based in Boulder, Colo., plans for the Nimbus project to expand over approximately 9,000 acres — about 14 square miles — in Carroll County, much of it along County Road 905. Scout says the project could generate up to 180 megawatts of electricity at peak demand — enough, the company says, to power almost 30,000 homes. The project will include 30 wind turbines — four of which the company says will be 591 feet tall and the other 26 that the company says will be 644 feet tall. The turbines will be placed on private property, the owners of which have signed lease agreements with Scout.
Among the concerns cited repeatedly by critics of the project is the potential impact on county roads. Opponents of the project say it also will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans, along with disturbing the natural beauty of the area. Opponents of the project also say Scout’s ownership can be traced to Chinese interests.
Plaintiffs in the lawsuit are “those county citizens most immediately affected,” by the road use agreement, the complaint says.