The Appellate Court of Illinois has ruled on a matter that
pitted wind energy developers and landowners against the construction industry,
law firm Howard & Howard has announced. In a landmark decision, the
appellate panel ruled that AUI Construction could not foreclose a mechanic’s
lien against a property on which it had erected a turbine after the upstream
contractor declared bankruptcy.
According to John Kreucher, an attorney with Howard &
Howard, this is the nation’s first case that considered whether
commercial-scale wind turbines should be deemed personal property or fixtures
in a lien dispute. Kreucher also says the importance of the ruling goes beyond
the legal filing.
