The Seward County Board of County Commissioners voted to retain Glenn Curb of Curb's Law Office to provide legal counsel on wind- and solar-related matters after representatives for Invenergy filed a conditional use permit with the county Planning and Zoning office.

The move follows a public presentation by an attorney who described her experience with wind and solar projects and a series of questions from commissioners about tax treatment, decommissioning obligations and related agreements. The board’s motion to retain Curb was made by Commissioner Helm, seconded by Commissioner Fuller, and approved by a show of hands.

The visiting attorney, identified in the meeting as Trish, told the commission she has worked on multiple wind and solar matters in Kansas and represents a range of clients, including counties, landowners and developers. “I know Seward County has a resolution out there allowing wind farms and solar farms in the county,” Trish said, and advised commissioners that the scope of legal work can vary depending on what the county requests.

Commissioners pressed several specific concerns. One asked whether equipment that can be moved would be excluded from property tax and whether county taxpayers could recover to collect property tax if developers later claimed exemptions. Another asked about industry norms for when decommissioning funds must be fully funded during the project life cycle. Trish declined to give legal advice on specific recovery strategies on the spot but said practices have evolved and that decommissioning requirements have changed over time.

Planning and Zoning staff notified the board that Invenergy had filed a conditional use permit application; an engineer associated with the project was present in the audience. Commissioners discussed practical elements the county will need counsel to review, including road‑use agreements, pilot payments, decommissioning language and whether developer-funded legal fees would affect independence of counsel.

Commissioner discussion also compared two prospective outside counsel options. Chairman Carr summarized interviews with two firms and recommended retaining Glenn Curb of Dodge City; the motion to hire Curb passed. The board directed that the retention encompass negotiation and review of the agreements typically associated with utility-scale projects.

The board did not adopt specific contract language during the meeting; staff said rate letters and engagement letters from both firms are available for review. Planning staff and county administrators were instructed to coordinate with retained counsel as the conditional use review proceeds.

What happens next: Planning and Zoning will continue processing Invenergy’s conditional use permit application and the county’s retained counsel will advise on draft agreements and regulatory questions as the application moves through the review process.