Acciona Windpower v. City of West Branch

The city entered into an agreement with Acciona, a manufacturer and installer of wind generation systems, where 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. After paying rebates for three years, the city refused to pay subsequent rebates and ultimately cancelled the agreement. The district court concluded that the city breached the contract and awarded Acciona damages. The court concluded that the district court did not abuse its discretion in determining that Acciona's actions were essentially harmless because they resulted in no surprise or prejudice to the City. In this case, Acciona sought compensatory damages for multiple fiscal years from the very beginning of this lawsuit. Acciona's pretrial clarification that the company would seek compensatory damages for fiscal years 2013 and 2014 was therefore entirely consistent with the theory of damages articulated by Acciona. Accordingly, the court affirmed the judgment. View "Acciona Windpower v. City of West Branch" on Justia Law