From left, Board of Adjustment members Dave Sherwood, chair Nancy Yuska, Scott Snyder, and John Wagner recite the Pledge of Allegiance in the Reinig Toledo Civic Center Conference Room on July 16. Board members were facing the American flag image printed on a checkbook belonging to Yuska as no flag could be located in the room. SCREENSHOT VIA TAMA COUNTY MICROSOFT TEAMS

TOLEDO – The Tama County Board of Adjustment approved a conditional use permit for a new home before going into closed session on July 16 to address “ongoing litigation.”

During the Wednesday meeting, which was held in the Reinig Toledo Civic Center Conference Room, all five members of the adjustment board were present (Nancy Smith virtually) including Dave Sherwood and Scott Snyder who were both newly appointed during the July 7 Board of Supervisors meeting.

After approving the evening’s agenda which included removing No. 7 – an appeal hearing regarding the denial of Salt Creek Wind’s application for a zoning certificate to construct a LiDAR (Light Detection and Ranging) structure – due to Salt Creek Wind withdrawing its appeal, the board moved on to electing a new vice chair. John Wagner was subsequently nominated and unanimously approved for the role.

The board then held a public hearing regarding a request for a conditional use permit (CUP) by Dustin and Lauren Dolash of 3178 S Ave. in Chelsea for “more than one main house” during a temporary period of time while a second house is being constructed with plans for the older house to later be removed. Dustin addressed the board briefly during the hearing, explaining that they planned to soon break ground across the driveway from the existing house in which they currently reside. Construction on the new house should finish next spring with plans to remove the original dwelling by spring of 2027.

Prior to voting on the request, the board added three modifiers including requiring notification of the zoning administrator once the older house is no longer occupied; allowing until Dec. 31, 2027 for removal of the older house; and adding a hardship clause to allow a possible extension on the house removal.

On a roll call vote, the CUP request was approved 5-0.

“Thanks for building in Tama County. We need young people,” Sherwood told the Dolashes following the vote.

More lawsuits

The board then moved into closed session to meet with attorney Thomas Henderson of Des Moines about “some ongoing litigation,” per Chair Nancy Yuska.

As of press time, the Board of Adjustment is the defendant in two separate civil lawsuits filed on June 27, 2025, by Salt Creek Wind LLC regarding its commercial wind energy project currently in heavy construction southwest of Traer. The new lawsuits are in addition to the Feb. 5, 2025, lawsuit filed by Salt Creek Wind against the Board of Supervisors and Tama County.

In late June, Salt Creek Wind filed petitions for both injunctive relief (to prevent further harm) and one for writ of certiorari. As part of its petition for writ of certiorari, Salt Creek Wind indicated that more than $178 million had been spent or committed on developing or building the project; construction at the project site was ongoing “with more than 130 individuals actively working;” and in the coming months, the company expects to “spend another $80 million transporting, constructing and erecting turbines.”

The new lawsuits stem from the Board of Adjustment’s actions during a June 17, 2025 appeal hearing to revoke then-Tama County Zoning Administrator Bob Vokoun’s Dec. 13, 2024 extension of the expiration date of Salt Creek Wind’s 61 zoning certificates – Vokoun had granted the extension to Dec. 31, 2026. The extensions were yanked on a vote of 3-2 with Smith, Wagner, and Yuska voting in favor, while former members Mike Seda and Berleen Wobeter voted against.

Salt Creek Wind’s petition asks the court to order the Board of Adjustment to produce and record all transcripts of its proceedings along with all information reviewed and considered before the Notice of Disposition (legal notification) was issued to the company on June 25, 2025. Salt Creek Wind further asks the court to annul and declare void the Board of Adjustment’s actions.

Following the closed session on July 16, the board reentered open session just after 7 p.m. but took no action except to adjourn.

July 17 meeting canceled

A Board of Adjustment public hearing that had been scheduled for Thursday, July 17 was canceled the Friday prior on July 11. The hearing would have addressed a petition submitted by the Tama County Board of Supervisors to revoke Salt Creek Wind LLC’s conditional use permit for the erection of 60 wind turbines.

“The cancelation was conveyed to me from the Board of Adjustment’s attorney,” Zoning Administrator Laura Wilson told the newspaper when asked why the hearing was canceled.