Carroll County Judge David Writer has hired a Conway attorney to defend the county in a lawsuit filed by a group of property owners who are challenging the county’s road use and maintenance agreement with a subsidiary of Scout Clean Energy.

Writer hired attorney Jason Owens after being notified by an attorney with the Association of Arkansas Counties that AAC would not provide a defense to the county in the lawsuit, which was filed Oct. 1 in Carroll County Circuit Court by Fayetteville attorney Matt Bishop.

Bishop represents a group of more than 30 plaintiffs, including former county judge Richard Williams and Caroline Rogers, who was recently elected to the District 11 seat on the Carroll County Quorum Court.

Defendants in the lawsuit are the county, Writer in his official capacity and Nimbus Wind Farm LLC, a subsidiary of Scout.

The complaint filed by Bishop alleges that the road use and maintenance agreement amounts to an unconstitutional taking of the property of the plaintiffs and other private citizens, that the agreement’s grant of utility easements in the property of the plaintiffs and other private citizens constitutes an attempted exercise of the power of eminent domain by the county without just compensation; that the county has failed to follow state law with regard to the alteration of county roads; that the agreement grants Nimbus the right to tow vehicles on public roads in contradiction with state law; that the county is prohibited by state law from contracting with a private entity to perform road maintenance outside of a schedule set forth in state law; that the road use and maintenance agreement is “an illegal sale of an interest in Carroll County real property,” that neither the county nor the county judge has authority to convey any interest in public roads to Nimbus or any third party; that the agreement grants Nimbus the right to terminate the agreement with 15 days’ notice but contains no ability for the county to terminate the agreement, that the receipt by Nimbus of any funds or assets of Carroll County illegally delivered or required constitute an illegal exaction and that the agreement violates the plaintiffs’ right to due process.

Bishop’s complaint seeks a temporary and permanent injunction prohibiting the defendants from acting according to the terms of the agreement. It also asks the agreement be declared void, that the defendants be ordered to refund to the county any money illegally exacted pursuant to the agreement and that the plaintiffs’ fees and costs be paid by the defendants.

In an Oct. 14 letter to Writer, attorney JaNan Arnold Thomas of AAC Risk Management Services writes that “because the claim seeks avoidance of a contract, alleges violation of various statutory duties, and seeks only non-monetary relief, this claim is not currently eligible for defense or coverage under the General Liability Agreement.”

After outlining exclusions to the county’s general liability agreement, Thomas writes: “The County will need to secure counsel to defend this claim.”

In a letter to Writer dated Oct. 16, Owens writes that his firm will serve as counsel for the county and its officials in the lawsuit. Owens’ letter says the firm will the county for time spent on the case.

“Attorney time will be billed quarterly at a rate of $275/hour for myself, and $225/hour for my law partners,” Owens writes. “Paralegal time will be billed at $90/ hr. Necessary costs and expenses will be billed to the County for reimbursement. Mileage will be billed at the standard IRS rate in effect at the time. My firm will seek prior approval for any single cost or expense expected to exceed $2500.”

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 south of Green Forest. 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.

Mark Wengierski, Scout’s vice president of East Region development, said last month that construction on the Nimbus Project is underway.

The project has drawn vigorous opposition from opponents who say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and potentially cause significant damage to county roads, along with disturbing the natural beauty of the area.

The project has been a topic of public comments at quorum court meetings for more than a year and a half, with some justices of the peace responding that they have no authority to intervene in the project.

Multiple proposed ordinances related to the project have failed to gain approval from the quorum court.