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Judge Takes Wind Out of Lawsuit Against City of Hinton

The nationwide wind farm company known as NextEra has lost a federal lawsuit it filed against the city of Hinton after Hinton created an ordinance banning wind farms within 2 miles of the city limits.

Oklahoma City U.S. District Judge Stephen P. Friot issued the ruling on Friday after Hinton city leaders asked to have the suit dismissed. The suit was filed after Hinton created the ordinance in January. The ordinance considers wind farms within 2 miles of the city to be a public nuisance.

Despite the dismissal, NextEra, a company that wanted to build a wind farm near Hinton still can refile or amend its original lawsuit. The ruling was focused on Hinton’s challenge whether NextEra’s Minco Wind IV LLC and Minco V LLC had legal standing.

“We respectfully disagree with the court’s ruling,” said Bryan Garner, a spokesman for NextEra. “However, we appreciate the judge recognizing this is a technical issue and allowing us the opportunity to  refile within 30 days so the case can be decided on the merits.”

He was quoted in the Oklahoman newspaper.