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Several landowners appealing approval of solar farm near Lincoln

Lincoln Journal Star|Matt Olberding|January 22, 2022
NebraskaLegalZoning/Planning

The City Council approved a special permit for the part of the solar farm in its jurisdiction in October 2019, but approval of the county portion east of 148th Street has been more controversial. That's because Ranger Power requested — and the County Board approved — a zoning change to allow solar panels on agricultural outlots, which are open spaces that are part of acreage developments in what are known as community unit plans. Previously, those lots could be used only for green space or agricultural uses such as growing crops or raising livestock.


Landowners in an area east of Lincoln where a massive solar farm is planned are going to court to challenge approval of the project by the Lancaster County Board.

Attorneys representing a total of four landowners have filed two notices of appeal in Lancaster County District Court.

The appeals seek to have the County Board’s approval of the part of the proposed solar farm that falls in the county’s zoning jurisdiction revoked. The reasons cited include that it goes against state law and local regulations, that it is contrary to facts and evidence, and that it is “arbitrary, capricious and unreasonable.”

Ranger Power, a Chicago-based company, wants to build a 250-megawatt solar farm on about 2,800 acres spread out in an area stretching …

... more [truncated due to possible copyright]

Landowners in an area east of Lincoln where a massive solar farm is planned are going to court to challenge approval of the project by the Lancaster County Board.

Attorneys representing a total of four landowners have filed two notices of appeal in Lancaster County District Court.

The appeals seek to have the County Board’s approval of the part of the proposed solar farm that falls in the county’s zoning jurisdiction revoked. The reasons cited include that it goes against state law and local regulations, that it is contrary to facts and evidence, and that it is “arbitrary, capricious and unreasonable.”

Ranger Power, a Chicago-based company, wants to build a 250-megawatt solar farm on about 2,800 acres spread out in an area stretching roughly from 120th to 190th streets and from O Street to Havelock Avenue.

The City Council approved a special permit for the part of the solar farm in its jurisdiction in October 2019, but approval of the county portion east of 148th Street has been more controversial.

That's because Ranger Power requested — and the County Board approved — a zoning change to allow solar panels on agricultural outlots, which are open spaces that are part of acreage developments in what are known as community unit plans. Previously, those lots could be used only for green space or agricultural uses such as growing crops or raising livestock.

With the change, it means many landowners who have chosen not to sign a lease to be part of the solar farm could still have solar panels right next door to their properties on land that is now open fields.

The County Board, in approving the permit last month, did add some amendments aimed at addressing residents' concerns, including increasing the setback — the distance solar panels must be from houses on properties that are not hosting them — to 450 feet.

But some landowners do not consider that enough protection.

Attorney Dennis Tegtmeier, who filed an appeal on behalf of the Marian L. Malone revocable trust, said his client's property would be surrounded on three sides by solar panels that would in some cases be only 50 feet from the property border.

Tegtmeier declined to comment further on the appeal, saying more details will be included in a petition-for-review document that he must file within 30 days.

David Bargen, who filed an appeal on behalf of three landowners — James Bopp, Matt Franson and Andy Pool — also declined to comment.

No court date has been set.


Source:https://journalstar.com/news/…

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