Preserve the Sandhills v. Cherry CountyAnnotate this Case
The Supreme Court affirmed the judgment of the district court dismissing, for lack of jurisdiction, this matter opposing the grant of a conditional use permit (CUP) to construct a commercial wind turbine, holding that the district court never acquired jurisdiction over this CUP appeal.
The Cherry County Board of Commissioners granted the CUP to BSH Kilgore, LLC for it to construct and operate commercial grade wind turbines near Kilgore, Nebraska. Plaintiffs, parties who opposed the project, appealed the decision to the district court and later were allowed to amend their complaint to challenge the CUP pursuant to a petition in error. The district court dismissed the amended complaint for lack of jurisdiction. The Supreme Court affirmed, holding that the jurisdictional requirements were not met in this case.