A $300 million wind project in Worth County received a blow after the Iowa Supreme Court upheld a county zoning ordinance that would reduce the buildable sites for turbines by up to 98%.
Worthwhile Wind and Invenergy, its parent company, spent several years and roughly $2.8 million, planning and preparing for the project. It was expected to generate 165 megawatts of electricity.
Although initially in favor of the project, Worth County officials soured on it after several new supervisors were elected, in part due to complaints about another wind development. The county in 2021 imposed a temporary moratorium and later passed a comprehensive ordinance imposing restrictions on height, setbacks, shadows and other limitations.
Invenergy sued, accusing the county of bad faith and claiming a vested interest in completing the project. A district judge ruled for the company and held it had the right to continue the project without complying with the new zoning regime.
On appeal, the Iowa Supreme Court sided with the county. In a decision released on Friday, April 24, Justice Christopher McDonald wrote for the majority that the zoning ordinance was a legitimate exercise of the county’s police power, and that Invenergy did not have a legally binding interest to overcome it.
McDonald noted that Invenergy had never identified what types of turbines it would use, where it would site them or even how many it planned to install. And he wrote that obtaining a building permit or similar government approval, rather than simply spending money, is what’s necessary to establish a vested right in a project.
“The right Worthwhile claims to have vested — the right to construct an unknown number of unspecified turbines at unidentified locations to be sold to an undisclosed buyer — lacks the definiteness that the vested rights doctrine presupposes and that the permitting and approval process imposes,” McDonald wrote.
The court also reversed the finding that Worth County acted in bad faith. Even though the county was aware of and responding to the Invenergy project, McDonald wrote, there was no evidence that it led the company on or intentionally delayed regulatory approval in order to pass the challenged ordinance.
The sole dissent, by Justice Matthew McDermott, argued that Invenergy’s extensive investments, including both legal preparations and construction of several foundation pads, are sufficient to establish a vested right in completing the project.
Attorneys for Invenergy did not return messages Friday seeking comment. Worth County thanked its lawyers and praised the ruling in a statement through attorney Eric Updegraff.
“These are important issues that impact the ability of counties to govern themselves through land use regulations,” the county said. “Hopefully, the Iowa Supreme Court’s clarification of the legal standards will provide a road map for other counties to work their way through similar land use issues.”
It’s not clear whether the ruling spells the end of the project. Although Invenergy argued during litigation the restrictions in the ordinance would reduce buildable acreage by 98.2%, McDonald notes the company conceded more plots might be buildable if shorter turbines were used and neighbors approve setback waivers.
The Worth County suit is one of several cases where counties or landowners have sought to regulate or block large wind developments, including a 2024 Muscatine County wind farm moratorium and a 2019 Iowa Supreme Court ruling allowing a Palo Alto County project to proceed.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Iowa Supreme Court says Worth County can limit wind turbine project
Reporting by William Morris, Des Moines Register / Des Moines Register
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