There will be a hearing on February 24th at 3 pm in the District Court of Bourbon County in regards to the lawsuit BB-2024-CV-000075. The plaintiffs in the case are David Beerbower, Leroy Kruger, Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly. The defense consists of the Board of County Commissioners (made up of Beerbower, Kruger, & Whisenhunt), Hinton Creek Solar LLC, Kingbird Solar Energy LLC, Tennyson Creek Solar LLC, and Tennyson Creek Solar II LLC.
Previously, the solar companies filed a motion to dismiss the case, saying that while they recognize plaintiffs may not like their agreements with the landowners and county, the plaintiffs haven’t shown any actual legal injury that would entitle them to relief.
The attorney representing Beerbower, Kruger, Whisenhunt in their capacity as commissioners has filed to withdraw from the case based on the conflict of every member of the commission being both plaintiffs and defendants. The commissioners (in their capacity as individuals) and other plaintiffs, on the other hand, responded, saying that there was no conflict, but wouldn’t contest her withdrawal if she stated that the cause was the insurance company refusing to pay for the defense.
