Pat Hess, the attorney for the Tipton County Citizens for Responsible Development (CRD), said he wasn’t surprised by the opinion of John Brooke, the Tipton County attorney.
“I felt that was the direction the county was leaning,” he said. “They would rather conduct the hearing and then be proven wrong in court.”
Earlier Hess indicated the CRD might seek a court injunction to block the BZA from hearing the requested modifications.
“At the very least the CRD will object at the hearing, questioning if the BZA has the authority to consider the requested modifications,” he said. “I don’t believe they have the authority.”
In a letter to Brooke in May, Hess indicated he believed juwi Wind missed the deadline to request the modifications and needed to file an appeal in court.
Mary Solada, juwi’s attorney, said in a letter to Brooke the BZA is the proper forum to review the company’s request to modify the conditions because it is not seeking to appeal the approval of the conditional use permit.
She wrote state law requires juwi to exhaust all administrative remedies prior to seeking a judicial review.
“If juwi did not pursue this administrative remedy, juwi would not be entitled to seek judicial review,” she said.
Solada said the BZA review of the requested modifications is the most efficient way to determine whether the project can move forward.