Worthwhile Wind, LLC v. Worth County Board of Supervisors

Summary

The Iowa Supreme Court reversed a district court judgment granting Worthwhile Wind, LLC vested rights to continue developing a commercial wind energy project under preexisting county law. The court held that the developer lacked vested rights because it had not obtained a permit or other formal governmental authorization for the project. The court also addressed the bad-faith exception to the time-of-decision rule and concluded, on the portion provided, that the county had not shown the requisite illegality and improper purpose.

Holdings

1. Worthwhile did not acquire vested rights to complete the commercial wind-energy project because it never obtained a permit, formally approved plat, or other official governmental authorization to proceed with construction or operation of the project.
2. Worth County did not act in bad faith in adopting the new wind-energy ordinance because Worthwhile failed to establish both illegality and an improper purpose.
3. The vested-rights and bad-faith exceptions are directed to claims arising from administrative-executive decisions and do not, standing alone, divest the county of legislative authority to enact new land-use regulations in a previously unzoned area.

Questions Presented

1. Whether Worthwhile Wind acquired vested rights to complete its commercial wind-energy project under the zoning and regulatory regime existing before the county's moratorium and ordinance.
2. Whether Worth County acted in bad faith by adopting the moratorium and new wind-energy ordinance to frustrate Worthwhile's proposed project.
3. Whether the district court properly ordered that Worthwhile could complete the project under pre-moratorium law.

Disposition

reversed_and_remanded