Hardin District Court Division III provided an update on two cases involving solar energy that are working their way through the court.
According to a release from the court, the court last week dismissed a complaint from CPV Stonecrop Solar LLC against the Hardin County Planning and Development Commission. Stonecrop requested a declaratory judgment that their proposed “agrivolatics” operation should receive zoning as an agricultural use, while also arguing their proposed operation fell under the “agricultural supremacy clause” and the Right to Farm Act, which they said would allow them to construct the operation without going through the applicable planning and zoning process.
According to the order from the court, the planning commission responded to Stonecrop’s complaint by arguing that because Stonecrop only holds an option to lease the land for their proposed operation, they lack standing and have not gone through the proper statutory process. The court found that it did not have subject matter jurisdiction for the case, with the court denying the petition for declaratory judgment and dismissing the case.
Meanwhile, the court will hear oral arguments this Friday in Hardin County Citizens for Responsible Solar Inc. versus Hardin County Fiscal Court. The Citizens organization is appealing the fiscal court’s approval of a zoning map amendment that would allow for a solar electrical generating facility near Cecilia.
