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March 18, 2024Clarinda, Iowa | By: Jeremy Werner
CLARINDA, Iowa - A federal judge has thrown out a lawsuit brought by Shenandoah Hills Wind Project against Page County.
On Monday, Chief Judge Stephanie Rose of the Southern District of Iowa issued the order, dismissing the case, which was initially filed back in March 2023.
The lawsuit stemmed from a dispute over a permit application for the "Shenandoah Hills" wind farm.
Page County's Zoning Administrator deemed the application void after the company removed six turbines, a move considered a material change.
This decision was later upheld by the county board of adjustments. Shenandoah Hills outlined multiple claims in its amended complaint, including allegations of constitutional violations and procedural due process rights infringement.
However, Judge Rose ruled that the "exclusive remedy doctrine" applies here, stating that relief for the claims must be sought through a petition for a writ of certiorari under Iowa law.