EL PASO COUNTY, Colo. (KOAA) — Meadow Lake Airport in El Paso County is suing the county and a nearby homeowner over a decision to approve wind turbines to be built near the airport.
The airport filed an amended complaint at the beginning of the year, and an attorney for the homeowner has filed a motion to dismiss the case.
Dave Elliott is the manager of the Meadow Lake Airport, among his concerns is the safety of people flying in and out of the airport.
“I do believe, if [the wind turbines] go up, it's not a matter of if an airplane will hit it, it will be how soon it happen? And that will endanger both the people in the airplane and people on the ground,” Elliott said.
Meadow Lake Airport is privately owned, but is considered a “reliever” airport for the Colorado Springs Airport as it provides space to eliminate congestion at the springs airport. With its designation as a reliever airport, it’s received state and federal grant money to make upgrades.
“We operate this airport on approximately 150 to $200,000 a year. In 2019, the FAA and the state provided 3.2 million to reconstruct this runway, we can't do that on our own dues. We don't get any tax support to operate the airport,” Elliott said.
The county gave final approval to the homeowner, Dan Ferguson in June of 2025. Elliot said he knew the application had been filed, but said he was caught off guard in October when he learned the turbines had been approved.
The airport is also used by the U.S. Air Force Academy, which also wrote comments to the County during the approval process saying the turbines would pose a significant safety hazard.
According to the county’s online development application database, the county said the plan for the turbines met criteria but that it was up to the Ferguson to work with the Federal Aviation Administration (FAA) and Meadow Lake Airport to verify the wind towers are not within avigation easements. The county called it a civil matter.
Ferguson’s attorney, Stephanie Brewer, called the lawsuit “without merit” and said the MLAA nor the FAA have land use authority for Ferguson’s property.
The FAA sent a letter in October and said the wind turbines would be a hazard to air navigation, with “substantial adverse effect on the safe and efficient utilization” of the airspace.
The same letter sent by the FAA, which Brewer points to in the motion to dismiss, said its determination does not constitute approval or disapproval of the turbines as it does not have land use authority, that’s up to the local government.
Full statement from attorney, Stephanie Brewer:
“The claims of MLAA (a privately owned airport) in the Amended Complaint remain without merit since MLAA has no land use authority or rights over the subject property where the two small windmills are scheduled for construction. This is a private property land use matter and the Colorado Constitution protects all citizens’ private property rights, including those of Mr. Ferguson. Mr. Ferguson has proposed a project that meets the requirements of the Land Development Code and has therefore filed a motion to dismiss all MLAA claims against him.”
Both the airport and Ferguson’s attorney make claims in both the complaint and the motion to dismiss on what state law says about land use near airports in Colorado.
An El Paso County judge canceled a hearing scheduled for Feb. 10 to make a decision on whether to dismiss the case.
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