More Motions Filed In Wind Turbine TIF Case

Sibley, Iowa — More motions have been filed in the case of a group of Osceola County taxpayers versus Osceola County and the City of Harris — three by the taxpayers group and one by the County and City.
Wind Turbines SVA

The group of taxpayers alleged that — an agreement to use Tax Increment Financing from a group of wind turbines in Osceola County for a waste water project and lagoon in Harris and for improvements to White Avenue — was illegal.

The taxpayer group says that the court’s order denying summary judgement talks about a material fact question regarding Ordinance 47, but they say it makes no mention of Resolution 10-15/16, and they say they are not the same thing. They say the proposed ordinance 47 deals with division of revenue in the TIF district. Meanwhile, the resolution established the Urban Renewal Area (7). They say resolutions don’t need three readings as they become effective upon the first vote, which in this case happened on October 20th, 2015, and their objection was filed within the time allowed, on November 3rd. They want the court to include Resolution 10-15/16 in the decision for summary judgement.

They also filed a motion asking the court for permission to amend the date of their filing to include challenging the October 27, 2015, consideration of Ordinance 47 and the November 10, 2015, consideration of that ordinance and to have the objection filed after the November 10, 2015, reading and adoption.

The plaintiffs also are asking the “expert witness” designation to be removed from the defendants’ witness, John Danos. They say Danos’ expert opinion is “based largely on inadmissible opinions on the legal meaning of Iowa Code Chapter 403—the ultimate issue in the case.”

Osceola County and the City of Harris, the defendants in the case filed a motion that states that the parties have been “undergoing discovery in this matter,” and basically asks to have the full time to do their due diligence.

At this point a trial is scheduled on the case on September 20th, 2016.

For background information on this story, click here.