Proposed Cherry County wind farm heads back to court in December

VALENTINE, Neb. – A proposed wind farm near Kilgore is heading back to court in December as questions continue over the project’s permit status.

On Tuesday, the attorney representing the Cherry County Board of Commissioners, Jeff Kirkpatrick, informed the commission that he has filed a motion to dismiss the case, saying it’s unclear under state law whether the county’s Board of Adjustment had the authority to hear the company’s appeal.

As News Channel Nebraska has previously reported, BSH Kilgore, the company behind the project, is suing Cherry County over findings that its conditional use permit expired and that it failed to meet all 12 conditions tied to the wind farm.

The county granted the permit in 2019 for a wind energy project roughly 25 miles west of Valentine. Since then, the project has faced repeated legal challenges and a zoning complaint. After an investigation, the county zoning administrator determined the permit expired on Oct. 15, 2024, and that the company had not met all requirements.

BSH Kilgore appealed, but the Cherry County Board of Adjustment voted to uphold the zoning administrator’s findings.

Kirkpatrick said the next step is for a judge to determine whether the Board of Adjustment had jurisdiction over the appeal.

“It’s simply to put that legal question before the judge,” Kirkpatrick said.

He added that the case will not proceed until that issue is resolved.