Appeals court rejects Aquila's Cass County plant - Kansas City Business Journal:

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Despite the 3-0 vote, the case may wind up in the . "k haven't come off the ceiling yet," a jubilant Cindy Mayer, a member of , said "It was what we were hopingv for. I think the appellate decisiobn was very cut and Aquila spokesman Al Butkus said Tuesday that he does not know what the companyt willdo next. "We're going to have to studh this," he said. "We got it. We are reviewintg it." Kansas City-based Aquilza (NYSE: ILA) and the PSC had argued that two sectione of the statute governing the PSC allowed for approving the plangt afterits construction.
The court rejected both This is the second case the appeals courr has heard regarding the Itsfirst decision, in 2005, affirmefd a circuit court injunction requiringt Aquila to dismantle the plant because the facilitie violated Cass County zoning laws. After that decision, Aquilas turned to the PSC forconstructio approval. The PSC authorized the plant, arguing that its authorith exceededCass County's zoning regulations. Mayedr and about 200 other neighboring residents of the Souty Harper power plant near Peculiarcreated StopAquila.orh to oppose the facility's construction.
In 2005, the group sued Peculiart to halt its building aftera 4-2 vote by the city to issue bonds for financing. The group, in conjunction with Cass argued that the city had oversteppexd its bounds in approvingthe measure. Despite the controversy, Aquilw forged ahead with buildingthe 315-megawat t gas-fired plant, and for the past two years, the sides have gone back and fortgh about the issue. For Mayer's part, she said she would like the matteto die. "They have lost all the caseds incivil court," Mayer "They need to wake up and realize what they are doinb is wrong.
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