FAIRBANK, Iowa (AP) – The state appeals court has ruled that a company built three wind turbines east of Fairbank in violation of a county zoning ordinance.
The Waterloo-Cedar Falls Courier reports that Mason Wind and Optimum Renewables now faces a court ruling to remove the three 445-foot wind towers.
The company had challenged a 2016 Fayette County District Court ruling to the appeals court, which upheld the ruling Wednesday.
The district court’s ruling shows that officials misinterpreted the county’s zoning ordinance when approving the wind turbine project. County officials said a special permit approved by a county board wasn’t needed because the turbines were “electrical transmission and regulating” facilities. But the district court ruled that the turbines were electrical generating devices that did require approval from the board.