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Midland News 75 Valentine 75¢ IDLAND NEWS Vol.M 49 No. 8 12 Pages - 1 Section Valentine, Nebraska 69201 • July 15, 2020 Lawsuit filed against Cherry County, Cherry County Commissioners, BSH Kilgore, Cherry County Wind, and Bluestem Sandhills In the District Court for Cherry wind turbines and will suffer direct County, a suit was filed by plaintiffs and irreparable harm, including Preserve the Sandhills, LLC, in- adverse impacts upon their property cluding several individuals against values, quality of life, and right to defendants Cherry County Board of quiet enjoyment, intrusion of their Commissioners, BSH Kilgore, LLC, views, light, and air, impacts upon Cherry County Wind, LLC, and their ranching operations, health Bluestem Sandhills, LLC. consequences, noise, vibrations, in- The suit was brought against the creased traffic and other nuisances defendants after they had approved and dangers. There are 10 individual the Conditional Use Permit October plaintiffs who oppose, resist, and 29, 2019. The suit states that the ap- challenge the CUP. proval of the CUP followed a long The suit claims they raised process that contained numerous concerns about the legality and flaws, including improper legal appropriateness of the proceedings, advice from a layperson, incorrect were denied notice, due process and standards and pervasive conflicts an adequate opportunity to be heard of interest. before the Board, and assert that the BSH sought the CUP to develop, Board failed to perform its duties, on a large and commercial scale, and were directly impacted by the Photo courtesy of NPS wind turbines throughout Cherry adverse decision to grant the CUP A fledgling sparrow looks on its green new world. County and the Sandhills. over their objections. Further they A lawsuit was filed before the state that they were deprived of due Court on November 29, 2019, which process, adequate notice, and an Look, up in the sky! is still pending - and is seeking to opportunity to be heard or present vacate the CUP. evidence regarding the Extension, It’s a hawk. It’s a crane. This suit is being brought due to which was ruled on without a public the extension that was granted to hearing and solely based upon the BSH that was heard by the County statements of the BSH. No, it’s a sparrow! Commissioners June 9, 2020. Court The Plaintiffs have standing to documents state that BSH admitted maintain this suit under Nebraska Photo by Laura Vroman Niobrara National Scenic River that it has yet to commence develop- Statute 23-114.01(5) which does not Ashleigh Beberniss will be calling on businesses for advertising ment of the CUP and asked four an limit or restrict who may appeal and printing needs. Introduces Citizen Science Projects additional five years to commence from a decision concerning a con- development of the CUP and at least ditional use permit. Valentine – Nebraska is full of project. These activities can be an additional one year beyond that The second application was Valentine Midland News and little brown birds and red birds and done in your own communities or to complete the development of presented to the Cherry County birds of other colors. The Niobrara places you travel. Many of them are the CUP. However, they could not Planning Commission which held a Printing welcomes National Scenic River, along with connected to NASA whose projects guarantee that it could either start public hearing June 4, 2019. During the Niobrara Council, is offering need millions of pieces of data to or complete the project within the that hearing, they were advised by opportunities for the public to make them relevant. Citizen Sci- additional time periods requested. Orval Stahr, a consultant of Stahr Ashleigh Beberniss participate in scientific research on ence is the collection and analysis The 30 page filing said that BSH and Associates, Inc., Stahr was not by Laura Vroman Samaritan Center as the director Friday afternoons at 1:00 p.m. CT. of data relating to the natural world did not raise, and the Commission- a lawyer or licensed to practice law With a passion for the outdoors, of Social Services. Previously, she On Friday July 17, we will explore by members of the general public, ers did not consider the lengthy in the State of Nebraska. He was Ashleigh Beberniss will be at home worked at Bunkhouse and Bull birds. Citizen Science events will typically as part of a collaborative time frames or the reasons for the believed to be facing an investiga- visiting businesses as Valentine Market. take place at the Niobrara National project with professional scientists. request for the extension. tion for the unauthorized practice Midland News and Printing’s new She and Andy Danielski recently Scenic River Visitor Center located Citizen Science Topic Schedule: It further stated that the exten- of law at the time of his recent ad representative. purchased a house and they have at 214 W. Highway 20, in Valentine, July 17- Birds sion was approved because it greatly death on account of his advice to She moved to Valentine with her two cats, Argo and Turbo. and will continue through July 31. July 24 – Great Sunflower Project benefits the families of Commis- the Planning Commission. The father, Dan Beberniss of Premier Ashleigh loves to cook and do The topic for July 17, 2020 is July 31 – Monarch tagging sioners Storer and DeNaeyer, who suit claims that at the June 4, 2019 Auto. She attended Valentine Com- yoga. She and Andy like to ride dirt Birds. Join us in gaining the basics Niobrara National Scenic River advocated for and voted in its favor. hearing, Stahr falsely advised the munity Schools from her freshman bikes at Halsey and shoot guns. of bird identification. Armed with is one of America’s National Commissioner James Ward voted Planning Commission that its role year and graduated in 2016. In addition to being an ad repre- a list of common bird species, you Scenic Rivers and a unit of the against the extension and appropri- was solely administrative and that Before her employment began at sentative, she will do proofreading will explore the wonderful world of National Parks Service in Valen- ately questioned the authority of the it was essentially limited to deter- Valentine Midland News and Print- and other duties as needed. birds. You can use an app to iden- tine, Nebraska. Keep up with the Board to grant the relief requested. mining whether the application for ing, she worked at Pine View Good Welcome Ashleigh! tify the bird, and then share your latest information by following us As stated, the extension was le- the CUP was filled out completely. discoveries with other naturalists on Facebook (Niobrara National gally invalid because it was beyond The plaintiffs objected to the by uploading your pictures. Scenic River) and Instagram (@ one’s legal power or authority and false and improper advice, including Due to social distancing best NiobraraRiverNPS). For more in- was contrary to Cherry County because the Planning Commission’s City Council listens to Main practices, each session is limited formation, please call 402-376-1901 Zoning Regulation 1010. main and crucial functions imposed to nine participants. Please call or visit www.nps.gov/niob. Visitor According to Cherry County by law, were to among other things Street plans to reserve your spot. Multiple ses- Center hours of operation are 8:30 Zoning Regulations Section 1010 “conduct studies and make sur- sions will be provided upon need. a.m. to 4:30 p.m. CT daily. Admission - Development of any authorized veys,” “make preliminary reports by Laura Vroman Subdivision Plat We encourage all ages, families, is free of charge. conditional use shall be commenced on its findings,” “hold public hear- The Valentine City Council met After the hearing was complete, and single people to participate. www.nps.gov within one year of the date of ap- ings,” make recommendations to the for their regular meeting Thursday, Ward said that the acreage would It’s for everyone! More than 20,000 National proval of such conditional use by County Board, review and research July 9, 2020, at the Valentine Library be tight for the well and sewer. You do not need to be a scientist Park Service employees care for the Board of Commissioners and conditional use permit applications, Meeting Room, at 7:00 p.m. Arganbright said that it satisfied to participate, but you will need a America’s 419 national parks and development of said authorized con- and “review and recommend condi- The following were in atten- their lot size. smart device to download the free work with communities across the ditional use shall be completed within tions and actions to the governing dance: City Clerk Deanna Schmit, The subdivision plat was ap- app. These activities introduce the nation to help preserve local history two years from the date of approval body regarding conditional uses... City Manager Shane Siewert, Coun- proved in a four to one vote. participant to a topic and show and create close-to-home recre- of such conditional use by the Board in accordance with the procedures, cil members Kyle Arganbright, Storm Sewer how it connects to the Niobrara ational opportunities. Learn more of Commissioners or such authoriza- requirements and limitations set Kalli Kieborz, Neil Wescott, Dave Storm sewer assistance was River and provides instruction at www.nps.gov, and on Facebook, tion is automatically revoked. forth in the zoning regulations of Dent, and Andrew Ward. applied for on B Street due to its for an ongoing scientific research Instagram, Twitter, and YouTube. The suit alleges the CUP was the County.” Aerial Applicator Operator’s flooding. However, because of the obviously granted under false pre- Yet the attorney for BSH agreed Agreement flooding last year, the original 80 tenses and applied for prematurely with Stahr and argued that the Plan- The Council discussed Ordi- percent match had been dropped as BSH never had the ability to com- ning Commission’s sole role was nance 2020-2034M amending the to a 57 percent match.
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