Knox County has sued NIRMA, the Nebraska Intergovernmental Risk Management Association that covers its legal representation in lawsuits, alleging the attorney assigned to represent the county didn't disclose a conflict of interest.

In a lawsuit filed in Lancaster County District Court, David Begley, a private attorney newly hired by Knox County, alleged Jeff Kirkpatrick had a conflict in the case over a $1.3 billion wind farm.

The reason? Kirkpatrick is an active member of the Nebraska Democratic Party, which has a platform that supports phasing out a dependence on fossil fuels in favor of renewable energy.

On Sept. 4, Kirkpatrick, Lincoln's former city attorney, met with the county's board of supervisors in an executive session to discuss his plan to defend them in a federal lawsuit brought against them Aug. 23 by North Fork Wind LLC.

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The complaint alleges county officials unfairly changed zoning requirements to make the 600-megawatt project economically unfeasible.

Earlier this year, following a presentation from members of "Wind Watchers," a group opposed to the North Fork Wind project and others, the county extended the original 2,000-foot setback from nonparticipating homes it set previously to 6,600 feet — a distance North Fork Wind said was unworkable.

In the new case, Begley said, following Kirkpatrick's presentation, the board conferred and expressed a lack of confidence in his ability to successfully defend them in the case.

"At no time did attorney Kirkpatrick disqualify himself from representing the County of Knox in the federal court lawsuit notwithstanding his duty to advise the plaintiff of his personal conflict of interest," he wrote.

Begley didn't provide any further evidence of Kirkpatrick's alleged conflict.

On Sept. 18, a day after Kirkpatrick filed an answer on behalf of Knox County in the federal case, Begley said Knox County officials hired him to represent them.

Now, Knox County says NIRMA should have to pay Begley's attorney fees.

NIRMA denied that request, a decision its Claims Committee upheld on appeal.

"As Knox County retained Mr. Begley's services in this matter, without obtaining NIRMA's written consent under the terms of this coverage in order for NIRMA's coverage for these expenses to be extended, it is therefore Knox County alone which is responsible for Mr. Begley's legal fees and expenses in this matter," Larry Pelan, the underwriting and risk manager, wrote the board chair on Nov. 26.

NIRMA hasn't yet responded to the lawsuit.

In an email Monday, Kirkpatrick told the Journal Star he couldn't speak directly to the lawsuit Knox County has filed because he isn't a party and doesn't represent NIRMA in the suit.

However, he said, his firm regularly represents counties in zoning actions.

Kirkpatrick said county boards often are caught in the middle in zoning controversies, which, depending on the county, may include wind or solar projects, cell towers, hog farms and large feedlots.

He said if the county board grants a permit to a hog farm, it might get sued by the unhappy neighbors. Or if it turns down a wind project, it may get sued by a wind developer.

"My firm and I frequently represent counties and their legal rights to make zoning decisions, whatever those decisions may be. The underlying policy decisions are made by the elected county officials," Kirkpatrick said.

Top Lincoln Journal Star photos for 2024

Nebraska's Harper Murray (27) wipes tears away from her eyes while listening to senior night tribute videos after the match against Wisconsin on Saturday, Nov. 23, 2024, at the Bob Devaney Center.

From left, Messiah Williams of Lincoln, 9, his mom Cidnei, dad Shay and brother Shaun, 10, play in the Union Plaza water fountain on July 15.

From left, Gypsy Anton of Lincoln, 13, listens to music with her brother Silver Anton, 11, mother Jen Leonard, and sister Sophia Leonard, 12, during Porch Jam, on Sept. 15 near Cooper Park.

Gabe Sedlacek (from left), Kaleb Andersen and Austin Young watch a tornado from the seventh floor of the 18th and Q parking garage on April 26 in Lincoln.

Nebraska's Rebekah Allick (facing) embraces Harper Murray after the Huskers' loss to Penn State in an NCAA Final Four match Thursday at the KFC Yum! Center in Louisville, Ky.

Kiptara Thomas (back center), Grace Taylor (front center), and Ayla Brosman (right) prepare in the dressing room ahead of a dress rehearsal for "The Nutcracker" on Thursday at the Lied Center for Performing Arts.

Ariana Cunningham, playing Clara (right), practices dancing backstage during a rehearsal for "The Nutcracker" at the Lied Center for Performing Arts on Thursday.

Workers and bystanders pull the Capitol Christmas tree through the north door of the Capitol on Monday. The 22-foot Colorado spruce from Walton was carefully selected by the Office of the Capitol Commission to be this year’s annual Christmas tree.

Norfolk Catholic head coach Jeff Bellar is doused with water by his players as the clock hits zero as the Knights celebrate their win over the Bishop Neumann Cavilers in the Class C-2 championship game Tuesday at Memorial Stadium.

Sandy Creek's Jacob Petr (top) and Sandy Creek's Wes Biltoft (bottom) attempt to stop Stanton's Becker Pohlman as he dives toward the pylon for a two point conversion in the second quarter of the Class D-1 championship game Monday at Memorial Stadium.

Nebraska's Dante Dowdell (23) dives over the Wisconsin defense for a fourth-quarter touchdown on Saturday at Memorial Stadium.

Lincoln firefighter Andrew Brenner sprays water from the top of a ladder truck on to the roof of a former Village Inn at 29th and O streets Wednesday morning.

Niko Bennett, 4, sleeps on his tricycle during the Veterans Parade outside the state Capitol on Sunday. Bennett and his family walked in the parade with the Nebraska Department of Veterans Affairs.

Nebraska's Connor Essegian scores against Bethune-Cookma on Saturday, Nov. 9, 2024, at Pinnacle Bank Arena.

Wahoo players rush the court after defeating Pierce in five set semifinal to advance to the Class C-1 championship match Friday at Pinnacle Bank Arena.

Milford celebrates a kill by Shayla Rautenberg (center) during the second set of a state C-1 volleyball game against Pierce on Wednesday, Nov. 6, 2024, at Pinnacle Bank Arena.

A cutout of Jesus watches over voters on Tuesday at Redeemer Lutheran Church in Lincoln.

Toussaint Barrett votes Tuesday at F Street Community Center in central Lincoln.

Oliver Degner, 4, (from left) Charlotte Degner, 6, and Noelle Gormley, 7, all of Lincoln, run to the finish line during the Pumpkin Run on Sunday in Lincoln's Haymarket.

Malcolm players are silhouetted by the sun as they warm up before the game on Friday, Oct. 4, 2024, at Malcolm High School.

Dragonflies can be seen flying around as Norfolk's Cole Signor (17) takes the snap during the fourth quarter of the game against Lincoln Southeast on Thursday, Sept. 19, 2024, at Seacrest Field.

Members of the University of Nebraska-Lincoln's ROTC program, as well as local first-responders, climb the South Stadium steps during an early morning silent stair climb on Sept. 11 in remembrance of those who died in the 9/11 attacks.

Nebraska's Tommi Hill (6) celebrates a pick-six during the first quarter of the game against Colorado on Saturday, Sept. 7, 2024, at Memorial Stadium.

Nebraska fans storm the field after winning the game against Colorado on Saturday, Sept. 7, 2024, at Memorial Stadium. Nebraska won 28-10.

Nebraska's Jacory Barney (17) celebrates as fans rush the field after the game on Saturday, Sept. 7, 2024, at Memorial Stadium.

Nebraska's Leyla Blackwell (11) throws a volleyball into the stands before the match against TCU on Saturday, Aug. 31, 2024, at the Bob Devaney Center.

Nebraska's Dylan Raiola walks in the Legacy Walk on Saturday outside Memorial Stadium.

Don Zager of Lincoln drops off tree debris at a collection site Holmes Lake Park, Monday, Aug. 5, 2024, in Lincoln.

A wild horse jumps onto its back as it tries to throw off a rope held by Troy Graybill (from front) Chris Hajek, and Scott Graves as they try to saddle it during the wild horse race a during the final day of Nebraska's Big Rodeo at the Garfield County Fairgrounds on Saturday, July 27, 2024, in Burwell.

Shadows of athletes are cast on the wall as they warm up on the diving board during the Cornhusker State Games diving competition on July 13 at Woods Memorial Pool.

A crowd is pushed back as YouTuber Cam Wilder plays basketball Sunday at Antelope Park.

Seward's own Jill Beisel tries to gather up a popped bubble as she competes in the bubble gum blowing contest during Seward's Fourth of July celebration. Bisel would go on to win the contest and be named the 2024 bubble gum blowing state champ.

Two joggers (bottom) make their way past a large tree that was twisted from the ground and blocked access to Huntington Avenue near Nebraska Wesleyan University following Monday night's storm on Tuesday, July 2, 2024, in Lincoln.

Fans raise their hands as Shaquille O'Neal performs as DJ Diesel on Saturday, June 29, 2024, at the Royal Grove.

Joshua Morales (second from left), 17, embraces a friend near the scene of a shooting Friday in Crete. Seven people were injured, including four children, and the suspect shot and killed himself, according to the Nebraska State Patrol.

From the bullpen, Kentucky's Jackson Nove (left), Eli Small (center) and Cameron O'Brien (right) celebrate a two-RBI homer hit by Nolan McCarthy (19) during the fourth inning of Game 3 of the College World Series against NC State on Saturday, June 15, 2024, at Charles Schwab Field Omaha.

Jaz Shelley (center) smiles during her youth basketball skills camp Thursday at Speedway Sports Complex.

Banks Williams, 2, walks through headstones during a Memorial Day ceremony on Monday at Wyuka Cemetery. Williams' great grandparents, Robert and Blanche, served in the Air Force and Coast Guard, respectively.

St. Paul's Christopher Thomas (bottom) collapses after he dives for the finish line to win the Class C boys 800 meter run during the fourth day state track on Saturday at Burke Stadium.

The northern lights are seen over Touhy, about 25 miles north of Lincoln, in this long exposure photo captured early Saturday morning.

Lincoln Southwest holds hands as they run out onto the field before a Class A girls state soccer tournament game against Millard West on Tuesday, May 7, 2024, at Morrison Stadium in Omaha.

Nebraska's Dylan Hufft (left) leaps over Nicholls' Kade Turnage at home plate on Sunday at Haymarket Park.

Ashland-Greenwood's Dane Jacobsen (0) pulls his jersey over his head following the Bluejay's loss to Auburn in the Class C-1 boys state tournament semifinal game Friday, March 8, 2024, at Pinnacle Bank Arena.

Lincoln Southeast's Jake Hilkemann (center) is met by his teammates after making the game-winning shot in the Knights' A-5 district championship win against Creighton Prep on Monday in Omaha.

Hershey's Ethan Elliott (right) wrestles North Bend Central's Zac Mullally during a Class C 132-pound match at the state wrestling tournament on Thursday, Feb. 15, 2024, at CHI Health Center Omaha.

Ignacia Hernandez, 90 (left), kisses her husband Chris, 95,while they are reflected in a mirror that hangs over photos from their time together at their home in south Lincoln, on Tuesday, Feb. 6, 2024. The couple is celebrating their celebrating their 75 years of marriage this February.

Aris Bertwell, 4 (left), and Cora West, 3, peer out from viewing holes in a jungle gym tunnel at Primrose Schools located inside the Hudl building.

Nebraska's Keisei Tominaga (30) celebrates after making a 3-pointer in the closing seconds of the Huskers' win over Northwestern on Saturday at Pinnacle Bank Arena.

Nebraska's Juwan Gary (4) celebrates with fans after the Huskers defeated No. 1 Purdue on Tuesday at Pinnacle Bank Arena.

Nebraska Wesleyan students Lucas Steuter (from left), Riley Cleaver, Jacob Wertz, and Zane Rosenberg try to hold together as they fly down a hill on their sleds at Holmes Lake on Tuesday, Jan. 9, 2024.

Reach the writer at 402-473-7237 or .

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