According to the Paxton Record, Sheldon Township in Iroquois County has settled its lawsuit against the owner of the Settlers Trail Wind Farm.
Township Highway Commissioner James Yana filed the one-count lawsuit in July 2013 in Iroquois County Circuit Court against E.On Climate & Renewables North America LLC, doing business as Settlers Trail Wind Farm LLC. The suit had sought more than $1.8 million in damages, alleging that the company failed to adequately restore township roads used to build the 94-turbine wind farm in 2011.
The lawsuit claimed that the road-restoration work, which was required to be done by E.On as part of a “road upgrade and maintenance agreement,” remained “deficient over an approximately five-mile radius.” The agreement required E.On to repair all roads damaged during construction to their “preconstruction condition” or better, and the $1.8 million sought by the township reflected the cost for having the work done by a “third party.”
Associate Judge Ronald J. Gerts entered an order on Aug. 6 dismissing the suit with prejudice. Earlier, attorneys representing the township and company filed an “agreed motion for voluntary dismissal,” with both parties agreeing to pay their own costs and attorney fees.
“The parties have resolved all issues pending with this court,” the motion stated.
Yana said this week that the out-of-court settlement resulted from a payment made by the company to the township — the amount of which Yana declined to disclose — and the company agreeing to repair 4 1/2 miles of township road.