After the last election, Commissioner Elect David Beerbower, Commissioner Elect Leroy Kruger, Commissioner Elect Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly filed a lawsuit against the Board of County Commissioners and various solar companies. Beerbower, Kruger, and Whisenhunt were suing their upcoming office of commissioners, which they would assume in January 2025.
In December, the lawyer representing the defense of the county under the outgoing commissioners made a motion asking the judge to consider the plaintiff’s claims and “pretend” that the plaintiff proved every one of their claims. If the plaintiffs would not be able to win, even if they proved everything they claimed, the lawyer asked the judge to dismiss the lawsuit.
In January, the new commission passed Resolution 07-25 to place a moratorium on solar projects until 2029.
The solar company responded with a cross-claim against the new county commissioners, claiming that the resolution didn’t have a legal basis. The county commissioners responded with a cross-claim against the solar companies, saying that the agreements those companies had with the county were illegal and void.
In March, the new lawyer representing the defense of the new commissioners asked the judge to withdraw that motion in the lawsuit. This would allow the lawsuit to continue even if the plaintiffs couldn’t win their case.
On April 25th the Plaintiffs in the lawsuit (Sitting Commissioner David Beerbower, Leroy Kruger, Sitting Commissioner Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly ) filed a motion saying that since the county is now making cross claims against the solar companies they don’t need to keep participating in the lawsuit.
Plaintiffs are no longer necessary parties to this action and request their claims against Defendants be dismissed, as those claims are now being pursued by the BOCC.
The plaintiffs request that they be removed from the lawsuit and that Bourbon County be substituted as the plaintiff, continuing to pursue the lawsuit in place of the individuals who originally filed the lawsuit.
BB-2024-CV-000075 – TENNYSON CREEK CROSS-CLAIM AGAINST BOARD OF COUNTY COMMISSIONERS OF BOURBON COUNT KS
BB-2024-CV-000075 – Cross-Claim of Board of County Commissioners of Bourbon County KS.