Giant fm WTCA has learned that Michael J. Roose, the attorney representing the Marshall County Council, who filed a lawsuit against the Marshall County Board of Commissioners and Tamarack Solar Energy LLC in November filed a notice of dismissal this week. On January 13th the Notice of Dismissal without Prejudice was filed in Marshall Superior Court at 11:10 a.m.
The initial lawsuit was over the proposed solar farm in Burr Oak and alleged that County Commissioner Kevin Overmyer had a conflict of interest. The council claimed that Swift Energy Storage planned to build a battery storage facility on Overmyer’s property adjacent to the proposed solar farm. The Council contends that his vote on the decommissioning plan for the solar farm was a conflict of interest.
The Notice of Dismissal without Prejudice notifies the court that this case is dismissed without prejudice. A notice of dismissal without prejudice is a document that informs the parties involved that a case has been dismissed but can be refiled later.
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