Grandview sued by solar company over building permits - 14 News WFIE Evansville
Grandview sued by solar company over building permits
SPENCER CO., Ind. (WFIE) - The town of Grandview has been ordered by a Warrick County judge to issue building permits for a new solar farm.
The order comes after Grandview Solar filed a lawsuit against the town for going back on their initial solar deal.
In 2019, the Zoning Board of Approvals approved several parcels of land zoned for agriculture to instead be used for the Grandview Solar Project.
Members of that board explained in July that they believed they were voting on only one parcel of land- in effect, they say they accidentally approved a massive solar project.
The Zoning Board of Approvals and the Town board voted in July to approve some non-binding resolutions to refuse to issue building permits to the company sol systems.
In refusing that, they opened themselves up for litigation.
Throughout the now-yearslong battle over Grandview Solar, many Spencer County residents have maintained that the deal never should have been made- because the approved parcels fall outside of town jurisdiction.
“Taxation without representation,” said RuthAnn Wike. “That is not legal.”
In July, Town Attorney Andrew Foster explained that since so much time had passed since the zoning board approved the farm, the State Court of Appeals would likely say it doesn’t matter.
The deal is done.
“Since you did not bring that up within 30 days, you have waived your right to bring that up any further,” said Andrew Foster.
The town board ignored that then, and collectively, town representatives have refused to grant building permits.
So, in August, SolSystems sued for them. The town now has to respond.
“Where are you specifically on the ILP? Has it been signed?,” said one resident.
“We’ve taken no public action on ILP, no public action on the lawsuit, and we have no statement as to what we’re going to do, we’re still considering all options,” said Foster.
Judge Amy Steinkamp Miskimen with the Warrick Superior Court issued an order that the town go forward with those permits.
With a lawsuit hanging overhead, the town has been legally ordered to give the energy company what it wants.
The town still has some options to consider.
“Normal legal options are appeal. Appeal or compliance,” said Foster.
Foster says they’ll be working in executive sessions to try to decide how they’ll proceed.
Compliance would mean they issue those permits and the solar farm is built in Spencer County.
Appealing means the legal battle continues.
With the discussions on the matter being held in executive sessions, those talks won’t be held publicly.
It was noted at the meeting members of the public do want to be allowed to comment before the permits are signed or the court is appealed.
A full history of the lawsuit can be found on public.courts.in.gov.
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