FOR IMMEDIATE RELEASE
Knox County Board of Supervisors
Knox County Substantially Prevails in Federal Court Lawsuit
Center, Nebraska – March 17, 2025
On March 14, 2025, Senior United States District Court Judge John M. Gerrard granted in part and denied in part Knox County’s Motion to Dismiss the federal lawsuit filed by North Fork Wind, LLC and landowners in Knox County.
In a 40-page Memorandum and Order, only the following claims were allowed to proceed:
- Takings Clause claims
- State law claims related to the nonpublication of zoning ordinances
All other claims against Knox County were dismissed. Additionally, discovery on the Takings Clause claim was limited.
Jim Sokol, Chairman of the Knox County Board of Supervisors, stated:
“This is a substantial victory for the citizens and taxpayers of Knox County. It is significant that at this early stage of the litigation, the bulk of the lawsuit was dismissed. The possibility remains that the entire lawsuit could be dismissed on summary judgment.”
In Footnote 6, Judge Gerrard wrote:
“[T]here’s no mechanism under Nebraska or federal law that prevents Knox County from banning commercial wind farms, so long as there is a conceivably or hypothetically rational reason to do so.”
In light of this ruling, the Knox County Board of Supervisors is considering appropriate actions to ban new commercial wind farms in Knox County.
The full opinion accompanies this press release.
Omaha attorney David D. Begley served as Special Knox County Attorney in this matter.
Media Contact:
James Sokol Jr.
Chairman of the Knox County Board
402-841-5744 (cell)
Memorandum and Order – North Fork Wind, LLC v. Knox County (March 14, 2025)