Flat Rock Wind Responds to Court Decision

Earlier this week the Indiana Court of Appeals affirmed the Rush County Board of Zoning Appeals (“BZA”) July 2015 decision to enact a 2,300-foot setback distance, from non-participating property lines, on Apex’s special exception permits for construction of Flat Rock Wind. 

We are disappointed with the Indiana Court of Appeals decision.

As we have demonstrated, the BZA contradicted its own zoning ordinance by arbitrarily creating a new setback distance and method for determining how this setback is measured.

Regulatory uncertainty in clearly established ordinances pertaining to any industry sends a clear signal that Rush County is NOT open for business.  This precedent creates economic gridlock in Rush County – essentially impeding individual property rights, private investment, tax revenues and local jobs.

We will continue to pursue all available options to ensure both Henry and Rush Counties benefit from Flat Rock Wind. 

Click here to read the Connersville News Examiner coverage of the decision. 


For more information, please contact:

Dan Blondeau, Public Affairs Manager

(434) 270-7496 | dan.blondeau@apexcleanenergy.com