nextera kelly signs order mandating masks › kslegals › 2020 › 31342-2020-07-03... · 1 day...

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The Hutchinson News Friday, July 3, 2020 A3 CONTACT US Subscriber services: 694-5730 or 1-800-766-5730 Sales & Services: 694-5700 (Dept. 2) or 1-800-766-5704 News: 694-5700 (Dept. 3) or 1-800-766-5740 Advertising: 620-694-5700 x 222 NEWS DEPARTMENT Stephen Wade, Publisher Kathy Malm, General Manager/Advertising Director Cheyenne Derksen Schroeder, Managing Editor NEWSPAPER PACKAGING Thomas Holder, Production Supervisor SUGGESTED NEWS & HOME DELIVERY (7 DAY) Hutchinson Mail 3 month $78 (plus tax) $117 (plus tax) Single copy: $1.50 daily Sunday: $3 Published daily and Sunday SUBSCRIPTION RENEWAL POLICY: For your convenience, subscriptions are automatically renewed and delivery continues at the current full rate unless our office is notified otherwise. MISSED YOUR PAPER? Call 694-5730 or 1-800-766-5730. You should receive your newspaper in a designated place in a dry, readable condition every morning. If this doesn’t happen, call us on weekdays by 10:30 a.m. or weekends by 9:30 a.m. and we’ll arrange redelivery of your newspaper. Internet rates available on request. By submitting your address and/or email, you understand you may receive promotional offers from The Hutchinson News. A one- time non-refundable $4.95 activation fee applies. The advertised price does not include additional charge of up to $9 for each premium edition. Premium editions are published to provide additional information and value. Rather than bill you up to $9 for each premium edition, you agree that the length of your subscription will be shortened in proportion to the value of the number of pre- mium editions published and delivered to you during your subscription period. The timing of the publication and delivery of premium editions is variable. No more than 12 premium editions will be published in the calendar year. All subscriptions include 7-day digital access. Periodical-class postage paid at Hutchinson, KS 67504-0190. Postmaster: Send address changes to: The Hutchinson News, P.O. Box 190, Hutchinson, KS 67504-0190. 300 West 2nd, Hutchinson, KS 67504-0190 | Main: 620-694-5700 | Toll Free: 1-800-766-3311 | Fax: 620-662-4186 | (USPS 254820) A story in Thursday’s edition about the state fair operat- ing plan contained an error. The plan was based largely on a plan from the Delaware State Fair. The News apolo- gizes for the error. CORRECTION By John Green The Hutchinson News A scheduling hearing on the lawsuit over the pro- posed Pretty Prairie Wind Farm was canceled on Thursday after attorneys for the developer filed a motion seeking an immedi- ate appeal to a higher court on a recent ruling by District Judge Tim Chambers. The motion asks Chambers to make a find- ing that his May 21 ruling on a motion for summary judgment “involves a con- trolling question of law as to which there is substan- tial ground for difference of opinion, and that an imme- diate appeal from the order may materially advance the ultimate termination of the litigation.” Attorneys representing Reno County and landowners who filed petitions in opposi- tion to the development have not yet filed a response to the motion for the appeal, which is called an interlocutory appeal because it’s coming in the middle, not at the end of the case, like a normal appeal. If Chambers grants the motion – and the appel- late court accepts it – court officials said it will likely take another year to get a ruling from the higher court, by which time Chambers will have retired and the case will have to be reassigned. Pretty Prairie Wind LLC, a subsidiary of NextEra Energy that was created to build and operate the wind farm in southeast Reno County, filed the suit. It contends, among other issues in the suit, that petitions circulated by land- owners seeking to require a unanimous vote of the Reno County Commission to grant a conditional use permit for development of the wind farm had to be signed in front of a legal notary or they were invalid. If Chambers had agreed, that would end the suit because a sufficient number of the petitions would be invalidated, and the permit would have to be granted on the county commission’s 2-1 vote. Chambers did find that the developer was correct in citing which law should be followed in circulating the petitions, which was differ- ent than the county argued. However, he also found that a statement contained on the petitions that they were being signed under “penalty of perjury” was legally suf- ficient and a notary was not required. In its motion, the company cites a statement made by Chambers when he made his ruling, which was done orally from the bench. “Whether I’m right or wrong on that I suppose the Court of Appeals or Supreme Court may well decide that in the future, but that’s my interpretation,” he said. In the event the appellate court agreed with the devel- oper, the motion notes, that would terminate the case “without the need for discov- ery and trial of the remaining claims.” “Plaintiffs respectfully suggest that it is in the best interests of the parties to obtain appellate review of the order denying partial summary judgment prior to engaging in this expen- sive and time-consuming process,” the motion states. “In addition, substantial judicial resources may be conserved.” NextEra seeks to appeal judge’s ruling The Capital-Journal Saying Kansans must act to slow the spread of the coronavirus in com- munities, Gov. Laura Kelly on Thursday morn- ing issued the executive order on masks she out- lined earlier in the week. Kelly’s order requiring masks to be worn in public spaces and places where social distancing can’t be maintained will take effect at 12:01 a.m. Friday. It will remain in place until it is rescinded or the statewide state of disaster emer- gency expires, whichever is earlier. “The last few months have presented many new challenges for Kansans, and all of us want to return to our normal lives and routines,” Kelly said in a news release. “Unfortunately, we have seen a spike in the number of COVID-19 cases, hos- pitalizations, and deaths across our state and our country. We must act. “Viruses don’t stop at county lines. This order doesn’t change where you can go or what you can do. But wearing a mask is a simple and effective way to keep Kansans healthy and keep Kansas open for business.” The order requires Kansans to wear masks inside all public spaces — including workplace environments — and in situations where the recommended 6 feet of social distance can’t be maintained. Children under the age of 5, those with medical conditions and others specifically outlined in the order are exempt from requirements. The order specifically notes that children 2 and under shouldn’t wear masks because of the risk of suffocation. Others who are exempt from the order include those who are deaf or have difficulty com- municating; restaurant patrons, provided they can adhere to social- distancing guidelines; athletes participating in a socially-distanced sporting activity; and people involved in court- related proceedings. Kelly signs order mandating masks The 36th Annual Patriots Parade will be held Saturday on Main Street in Hutchinson. Based on the decision of the county commis- sion and after consulting with the Reno County Health Department and the Hutchinson Police Department, Eagle Communications is comfortable that the parade can go forward as planned safely. “It is important that the community continue to strike the balance between con- cern for others and the use of proper hygiene practices like social distancing and hand washing and staying home if you are sick, while continuing to enjoy the things that make Hutchinson such a unique and won- derful place to live,” said Terry Drouhard, Eagle Communications market manager. “We believe that the citizens of Hutchinson can take that personal responsi- bility and have fun.” The parade will start at 10 a.m. at Avenue B and Main and proceed north on Main to 12th Avenue. As much as possible, family units should be seated 6 feet apart from one another along the route. The use of face masks is encouraged but not required. “We understand that every family has its own situation,” Drouhard said. “If you have addi- tional personal risk factors that make the parade an unacceptable risk for you in person, please feel free to watch the event via video stream on HutchPost. com.” The 36th Annual Patriots Parade will be held Saturday on Main Street in Hutchinson. [FILE PHOTO/HUTCHNEWS] Gov. Laura Kelly’s executive order requiring masks to be worn in all public spaces will take effect at 12:01 a.m. Friday. [2020 FILE PHOTO/THE CAPITAL-JOURNAL] The Hutchinson News DURANGO, Colo. — Cleandro Hardy, of Hutchinson, graduated from Fort Lewis College in May. Hardy graduated with a degree in accounting. More than 450 stu- dents participated in the virtual commence- ment ceremony. Erik Weihenmayer, adventurer and author, gave the commence- ment address. Hutch resident graduates from Fort Lewis College Parade set for Saturday

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Page 1: NextEra Kelly signs order mandating masks › KSLegals › 2020 › 31342-2020-07-03... · 1 day ago · Kelly signs order mandating masks The 36th Annual Patriots Parade will be

The Hutchinson News Friday, July 3, 2020 A3

CONTACT USSubscriber services: 694-5730 or 1-800-766-5730Sales & Services: 694-5700 (Dept. 2) or 1-800-766-5704News: 694-5700 (Dept. 3) or 1-800-766-5740Advertising: 620-694-5700 x 222

NEWS DEPARTMENT Stephen Wade, PublisherKathy Malm, General Manager/Advertising DirectorCheyenne Derksen Schroeder, Managing Editor

NEWSPAPER PACKAGINGThomas Holder, Production Supervisor

SUGGESTED NEWS & HOME DELIVERY (7 DAY) Hutchinson Mail3 month $78 (plus tax) $117 (plus tax)Single copy: $1.50 daily Sunday: $3Published daily and SundaySUBSCRIPTION RENEWAL POLICY: For your convenience, subscriptions are automatically renewed and delivery continues at the current full rate unless our offi ce is notifi ed otherwise.

MISSED YOUR PAPER? Call 694-5730 or 1-800-766-5730. You should receive your newspaper in a designated place in a dry, readable condition every morning. If this doesn’t happen, call us on weekdays by 10:30 a.m. or weekends by 9:30 a.m. and we’ll arrange redelivery of your newspaper.Internet rates available on request. By submitting your address and/or email, you understand you may receive promotional offers from The Hutchinson News. A one-time non-refundable $4.95 activation fee applies. The advertised price does not include additional charge of up to $9 for each premium edition. Premium editions are published to provide additional information and value.

Rather than bill you up to $9 for each premium edition, you agree that the length of your subscription will be shortened in proportion to the value of the number of pre-mium editions published and delivered to you during your subscription period. The timing of the publication and delivery of premium editions is variable. No more than 12 premium editions will be published in the calendar year. All subscriptions include 7-day digital access.Periodical-class postage paid at Hutchinson, KS 67504-0190. Postmaster: Send address changes to: The Hutchinson News, P.O. Box 190, Hutchinson, KS 67504-0190.

300 West 2nd, Hutchinson, KS 67504-0190 | Main: 620-694-5700 | Toll Free: 1-800-766-3311 | Fax: 620-662-4186 | (USPS 254820)

A story in Thursday’s edition about the state fair operat-ing plan contained an error. The plan was based largely on a plan from the Delaware State Fair. The News apolo-gizes for the error.

C O R R E C T I O N

By John GreenThe Hutchinson News

A scheduling hearing on the lawsuit over the pro-posed Pretty Prairie Wind Farm was canceled on Thursday after attorneys for the developer filed a motion seeking an immedi-ate appeal to a higher court on a recent ruling by District Judge Tim Chambers.

T h e m o t i o n a s k s Chambers to make a find-ing that his May 21 ruling on a motion for summary judgment “involves a con-trolling question of law as to which there is substan-tial ground for difference of opinion, and that an imme-diate appeal from the order may materially advance the ultimate termination of the litigation.”

Attorneys representing Reno County and landowners who filed petitions in opposi-tion to the development have not yet filed a response to the motion for the appeal, which is called an interlocutory appeal because it’s coming in the middle, not at the end of the case, like a normal appeal.

If Chambers grants the motion – and the appel-late court accepts it – court officials said it will likely take another year to get a ruling from the higher court, by which time Chambers will have retired and the case will have to be reassigned.

Pretty Prairie Wind LLC, a subsidiary of NextEra Energy that was created to build and operate the wind farm in southeast Reno County, filed the suit.

It contends, among other issues in the suit, that petitions circulated by land-owners seeking to require a unanimous vote of the Reno County Commission to grant a conditional use permit for development of the wind farm had to be signed in front of a legal notary or they were invalid.

If Chambers had agreed, that would end the suit because a sufficient number of the petitions would be invalidated, and the permit would have to be granted on the county commission’s 2-1 vote.

Chambers did find that the developer was correct in citing which law should be followed in circulating the petitions, which was differ-ent than the county argued.

However, he also found that a statement contained on the petitions that they were being signed under “penalty of perjury” was legally suf-ficient and a notary was not required.

In its motion, the company cites a statement made by Chambers when he made his ruling, which was done orally from the bench.

“Whether I’m right or wrong on that I suppose the Court of Appeals or Supreme Court may well decide that in the future, but that’s my interpretation,” he said.

In the event the appellate court agreed with the devel-oper, the motion notes, that would terminate the case “without the need for discov-ery and trial of the remaining claims.”

“Plaintiffs respectfully suggest that it is in the best interests of the parties to obtain appellate review of the order denying partial summary judgment prior to engaging in this expen-sive and time-consuming process,” the motion states. “In addition, substantial judicial resources may be conserved.”

NextEra seeks to appeal judge’s ruling

The Capital-Journal

Saying Kansans must act to slow the spread of the coronavirus in com-munities, Gov. Laura Kelly on Thursday morn-ing issued the executive order on masks she out-lined earlier in the week.

Kelly’s order requiring masks to be worn in public spaces and places where social distancing can’t be maintained will take effect at 12:01 a.m. Friday. It will remain in place until it is rescinded or the statewide state of disaster emer-gency expires, whichever is earlier.

“The last few months have presented many new challenges for Kansans, and all of us want to return to our normal lives and routines,” Kelly said in a news release.

“Unfortunately, we have seen a spike in the number of COVID-19 cases, hos-pitalizations, and deaths across our state and our country. We must act.

“Viruses don’t stop at county lines. This order doesn’t change where you can go or what you can do. But wearing a mask is a simple and effective way to keep Kansans healthy and keep Kansas open for business.”

The order requires Kansans to wear masks inside all public spaces — including workplace environments — and in situations where the recommended 6 feet of social distance can’t be maintained.

Children under the age of 5, those with medical conditions and others

specifically outlined in the order are exempt from requirements. The order specifically notes that children 2 and under shouldn’t wear masks because of the risk of suffocation.

Others who are exempt from the order include those who are deaf or have difficulty com-municating; restaurant patrons, provided they can adhere to social-distancing guidelines; athletes participating in a socially-distanced sporting activity; and people involved in court-related proceedings.

Kelly signs order mandating masks

T h e 3 6 t h A n n u a l Patriots Parade will be held Saturday on M a i n S t r e e t i n Hutchinson.

Based on the decision of the county commis-sion and after consulting with the Reno County Health Department and the Hutchinson Police Department, Eagle Communications is comfortable that the parade can go forward as planned safely.

“ I t i s i m p o r t a n t that the community continue to strike the balance between con-cern for others and the use of proper hygiene practices like social distancing and hand washing and staying home if you are sick, while continuing to enjoy the things that make Hutchinson such a unique and won-derful place to live,”

said Terry Drouhard, Eagle Communications market manager. “We believe that the citizens of Hutchinson can take that personal responsi-bility and have fun.”

The parade will start at 10 a.m. at Avenue B and Main and proceed north on Main to 12th Avenue.

As much as possible, family units should be seated 6 feet apart from one another along the route. The use of face masks is encouraged but not required.

“We understand that every family has its own situation,” Drouhard said. “If you have addi-tional personal risk factors that make the parade an unacceptable risk for you in person, please feel free to watch the event via video stream on HutchPost.com.”

The 36th Annual Patriots Parade will be held Saturday on Main Street in Hutchinson. [FILE PHOTO/HUTCHNEWS]

Gov. Laura Kelly’s executive order requiring masks to be worn in all public spaces will take effect at 12:01 a.m. Friday. [2020 FILE PHOTO/THE CAPITAL-JOURNAL]

The Hutchinson News

DURANGO, Colo. — Cleandro Hardy, of Hutchinson, graduated from Fort Lewis College in May.

H a r d y g r a d u a t e d w i t h a d e g r e e i n

accounting.More than 450 stu-

dents participated in the virtual commence-ment ceremony.

Erik Weihenmayer, adventurer and author, gave the commence-ment address.

Hutch resident graduates from Fort Lewis College

Parade setfor Saturday