TIF Case Victory for Acciona Windpower North America
February 13, 2017
Terri C. Davis Attorney, Senior Vice President
Shuttleworth & Ingersoll attorneys Terri Davis and Dana Oxley successfully represented Acciona Windpower North America, LLC before the United States Court of Appeals for the Eighth Circuit in a dispute over tax increment financing (TIF) with the City of West Branch, Iowa. The United States Court of Appeals for the Eighth Circuit has affirmed the ruling from the district court in favor of Acciona. As summarized in the decision from the court: In 2008 the city of West Branch, Iowa (West Branch or the city) entered into an agreement with Acciona Windpower North America, LLC (Acciona), a company that manufactures and installs wind generation systems. Under the agreement, Acciona would expand its business in West Branch if the city would consider rebating a portion of Acciona’s taxes each year for eight years. West Branch paid rebates for three years, but then refused to pay subsequent rebates and ultimately cancelled the agreement. The district court concluded that West Branch’s actions breached the contract and, after a bench trial, awarded Acciona $494,924.28 in damages. West Branch appeals, and we affirm.
Dana L. Oxley Attorney
Read the entire opinion from the 8th Circuit below.http://build.shuttleworthlaw.com/wp-content/uploads/2017/02/8th-circuit-appeal-decision-2-7-17.pdf