The Montgomery County Board of Commissioners filed a counterclaim Thursday on Sugar Creek Wind’s federal breach of contract lawsuit, offering new evidence that the company allegedly concealed development of a wind farm from the county.
The commissioners allege that Sugar Creek’s on-site construction employee or agent “refused to identify himself or respond to any questions” by the county’s building commissioner in 2016, more than three years after an economic development agreement was signed for an approximately 250-megawatt project in Madison and Sugar Creek townships.
Both sides blame each other for violating the agreement.
In the lawsuit, filed last month in U.S. District Court in Indianapolis, Sugar Creek Wind claims the county attempted to kill the project by revoking a tax abatement and adopting ordinances as local opposition mounted against wind farms.
The county responds that the agreement was violated when the company began construction without a building permit as required.
In its counterclaim, the commissioners allege Sugar Creek Wind camouflaged its involvement in the development and the scope of the project because it did not file for a permit.
When the building commissioner went to the construction site, the employee or agent “stated he was instructed to avoid disclosing the requested information,” the counterclaim reads.
The company also violated the agreement, the counterclaim adds, by failing to make economic development payments “in a timely fashion.”
Sugar Creek Wind had agreed to pay $600,000 to the county when construction began, and make continuing payments each year of the agreement.
The county sent a notice to Sugar Creek Wind in December saying the agreement should be considered “null and void.”
The parties are seeking a jury trial in the case next year.
