DeKALB – Lawyers for the Village of Lee are asking a judge to examine how court summons were served to village board members who are being sued for rejecting a request by an energy company to build six wind turbines near the village.
In court documents filed Wednesday, lawyers for Lee say an unidentified person filed the lawsuit late Friday afternoon. That person – identified only as a male in court documents – "waived [sic] a badge of some nature" at a deputy clerk who was filing the complaint. Lee's court filing also claims an unidentified person served summons to village board members, demanding they appear in court this week; lawyers for Lee say they have no idea who the server was or whether he was properly licensed to carry out the task.
"We believe the Village of Lee acted well within its authority in rejecting the sitting request," attorney John Countryman said in a written statement Wednesday. "I have serious questions about the tactics of this Florida outfit and their Chicago attorneys."
The document filed Wednesday asks a judge to investigate who was involved in filing the lawsuit and serving the summons. The document also asks a judge to throw the lawsuit out because it was filed improperly.
FPL Energy Illinois Wind LLC filed the lawsuit Friday in DeKalb County Court, claiming the Lee Village Board improperly denied the company's application for permits to build six wind turbines. The turbines would not be within village limits, but they fall within the village's jurisdiction, according to state law.
Anthony Pedroni, project manager of the DeKalb-Lee wind farm project, said any problems raised by lawyers for Lee are "misinterpretations or misunderstandings." He said he was certain the law firm hired by FPL followed the letter of the law in having summons served to Lee Village Board members.
"It's a well-respected firm, and they know how to properly go about this process," Pedroni said.
FPL's lawsuit demands a judge compel approval of the permits – allowing construction to move forward – and to award at least $200,000 in damages for time and resources lost while the project sits idle.
The six turbines involved in this lawsuit are part of a 151-turbine wind farm that straddles the DeKalb-Lee county line. Turbines in the non-municipal portions of the project – which will be home to most of the turbines – are under construction.
Another legal action is pending; a citizens group filed a lawsuit in July, claiming the DeKalb County Board improperly granted construction permits and is seeking a halt to the project.