Flint Hills litigation: prayer for relief

WHEREFORE, the Representative Plaintiff organization, on behalf of all those entitled to the full benefit, use and enjoyment of the unique national and international resource treasures that is the Flint Hills Regional Environmental System without serious, permanent and irreparable damage, degradation or diminution in value resulting from the development of the industrial wind turbine power generating facilities proposed by the Corporate Defendants, and all others similarly situated, not only of this generation but of those generations yet unborn, demands judgment of the corporate Defendants.
DECLARING the rights of the people of the United States in and to the full benefit, use and enjoyment of the unique national and international resource treasures that is the Flint Hills Regional Environmental System, without serious, permanent and irreparable damage, degradation or diminution in value from the operation and development of the industrial wind turbine commercial electric power generation facilities proposed by the Corporate Defendant owners and developers of such industrial wind turbine commercial electric power generation facilities.
DECLARING that the proposal by the Corporate Defendants to locate industrial wind turbine commercial electric power generation facilities in the Flint Hills Tallgrass Prairie Ecosystem violates the rights of the plaintiffs and all the sovereign people of the United States not only of this generation but of those generations yet unborn, to the full benefit, use and enjoyment of the unique national and international natural resource treasure, the Flint Hills Tallgrass Prairie Regional Ecosystem, guaranteed under the Ninth Amendment of the Constitution of the United States and protected by the due process clause of the Fifth Amendment of the Constitution of the United States and by the due process and equal protection clauses of the Fourteenth Amendment of the Constitution of the United States.
DECLARING that any permanent exemption from Kansas property tax afforded to commercial wind energy developments violates the provisions of the Kansas State Constitution and the Constitution of the United States.
DECLARING that any tax relief or incentives for development of industrial wind turbine commercial electric power generation facilities should be limited to those facilities that can establish by a fair preponderance of substantial credible scientific evidence that the sites selected are located in places that do not substantially diminish ecological, aesthetic, cultural and economic values of public importance and do not cause serious, permanent and irreparable damage to unique national and international resource treasures such as the Flint Hills Tallgrass Prairie Ecosystem.
DECLARING that the discrepancies and lack of uniform comprehensive policies among various municipal subdivisions and government agencies involved in approving and regulating the siting, construction, operation, and maintenance of industrial wind turbine electric power generating facilities violates the provisions of the Kansas State Constitution and the Constitution of the United States.
DECLARING that the lack of any ecologically sophisticated, environmentally responsible, socially relevant, and economically rational comprehensive plan for the Flint Hills Regional Environmental System in general and the Flint Hills Tallgrass Prairie Ecosystem in particular together with the lack of any scientifically supportable siting criteria for industrial wind turbine commercial electric power generation facilities violates the provisions of the Kansas State Constitution and the Constitution of the United States.
RESTRAINING the corporate Defendants jointly or severally, individually or in concert with others, from any operation or development of industrial wind turbine commercial electric power generation facilities within the Flint Hills Tallgrass Prairie Ecosystem.
RESTRAINING the corporate Defendants jointly or severally, individually or in concert with others, from any development of industrial wind turbine commercial electric power generation facilities in the Flint Hills Tallgrass Prairie Ecosystem until there is substantial credible evidence that such industrial wind turbine commercial electric power generation facilities conforms and complies at the minimium with recommendations made by the siting committee of the Kansas Renewable Energy Working Group, the Kansas Department of Wildlife & Parks, and the United States Fish & Wildlife Service.
PROHIBITING commercial wind energy development and the location and construction of industrial wind turbines in the Flint Hills Tallgrass Prairie Regional Ecosystem and the buffer area surrounding that system necessary to protect migratory birds and comply with the letter and the spirit of the treaty of December 8, 1916 between the United States and Great Britain and the Migratory Bird Act which imiplements that Treaty.
PROHIBITING commercial wind energy development and the location and construction of industrial wind turbines in the Flint Hills Tallgrass Prairie Regional Ecosystem and the buffer area surrounding that system necessary to protect and preserve the aesthetic qualities of the Flint Hills viewshed and enhance the multiple tourism marketing strengths of the region: Frontier History, Hunting, Eco-tourism, and Agri-tourism.
All together with any and all such further relief as to this court shall seem just and proper under the circumstances.
DATED at Wichita Kansas, this the 24th day of January 2005

VICTOR JOHN YANNACONE, JR. (VY6405)
of counsel pro haec vice
Terry L. Malone (11169)
MARTIN, PRINGLE, OLIVER, WALLACE & BAUER
Attorneys for the Plaintiffs