VALENTINE, Neb. - Cherry County has hired the Nebraska Intergovernmental Risk Management Association (NIRMA) to help represent it in a lawsuit over a proposed wind farm near Kilgore.

As News Channel Nebraska previously reported, BSH Kilgore — the company behind the project — is suing the county. The company is challenging county findings that its conditional use permit (CUP) expired and that it failed to meet all 12 conditions tied to the project. The county has submitted the matter to NIRMA for coverage and requested co-counsel.

At a July meeting, Commissioner Mike McConaughey raised concerns about whether County Attorney Eric Scott could represent the board effectively if commissioners disagreed with his interpretation of “tolling.” During a public meeting, Scott had argued that the CUP timeline could be extended under tolling, a legal concept that allows extra time when a project is delayed by litigation. BSH Kilgore’s attorney later cited Scott’s position during a Board of Adjustment challenge, saying even the county’s own lawyer acknowledged there might be a tolling issue.

McConaughey and Commissioner Nina Nelson also raised concerns about advice they received at an October 2024 meeting, when they were told the CUP would expire if no action was taken.

During Tuesday’s commission meeting, board members entered executive session to discuss legal strategy with NIRMA attorney Jeff Kirkpatrick.

But Kirkpatrick and NIRMA are facing scrutiny elsewhere. Knox County is suing NIRMA over its handling of a separate wind farm dispute. In its complaint, Knox County claims Kirkpatrick was assigned to defend the county but was later replaced due to “a lack of confidence” in his ability to handle the federal lawsuit. The complaint also accuses him of failing to disclose a conflict of interest.

“At no time did attorney Kirkpatrick or NIRMA disclose to the Plaintiff, attorney Kirkpatrick's personal conflict of interest in the subject matter of the federal court lawsuit, that is, Kirkpatrick is an active member of the Nebraska Democratic Party and a former candidate for Mayor of Lincoln and 2 the May 2024 Platform of the Nebraska Democratic Party supports 'phasing out our dependence on fossil fuels, in favor of clean [sic] and renewable [sic] energy....' Nebraska Democratic Party Platform, May, 2024 at 15,” the complaint states.