In re Application of Black Fork Wind Energy, L.L.C., No. 2012-0900, 2013-Ohio-5478, 2013 Ohio LEXIS 2960 (Ohio Sup. Ct. Dec. 18, 2013)

(appellants lived near property for which the Ohio Power Siting Board had granted a certificate of construction for a wind farm; appellants claimed the Board’s order was unlawful because the Board had denied appellants' procedural due process;  specifically, appellants argued that the Board denied them the opportunity to cross-examine staff members who were responsible for drafting sections of the Board’s staff report and that they were prohibited from presenting evidence at the evidentiary hearing; in affirming the Board’s order granting the certificate, the court ruled that the Board’s order was neither unlawful nor unreasonable; no law or rule required the staff members to testify and thus be subject to cross-examination; appellants could have compelled the staff members’ testimony through subpoena or objected to their absence at the hearing).