The group that initiated the lawsuit, Sevier Citizens for Clean Air and Water (SCCAW), also has a state Supreme Court judgment pending regarding the air-quality permit for the plant.

Bruce Taylor, co-owner of Sevier Power, said “We thought it would be best to put that lawsuit to rest. My guess is it will take three to six months to resolve and then we can petition the county for an answer.”

If Wallace Lee, 6th District Judge, rules against the group, Dick Cumiskey, member of the group, and Jim Kennon, citizens group leader, promise to appeal that decision.

Kennon said We’re very prepared to take it to the Supreme Court.”

Sevier Power also waits for the state water engineer’s verdict on shifting 211 acre feet of water to their project, a demand that garnered strong protests from ranchers and area farmers.