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Pulaski County Superior Court decision: Mammoth Solar application approval overturned

August 24, 2021
IndianaLegalZoning/PlanningPhotovoltaic Solar

Pulaski County Superior Court ruled that the Mammoth Solar application was deficient and that the County BZA incorrectly approved its construction and operation. According to the decision, the County BZA should not have held public hearings, listened to evidence, made a finding of find facts, and vote on the incomplete application. A portion of the court's order is provided below. The full order can be accessed at the document links on this page. 


IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:
 
1. The individuals seeking judicial relief have been prejudiced by the Pulaski County Board of Zoning Appeals’ action to disregard the clear and unambiguous language of the Pulaski County Uniform Development Ordinance regarding the minimum requirements for all applications for Special Exceptions submitted by Commercial Solar Energy Systems prior to determining Mammoth Solar’s application to be complete, acting upon it, and approving it. The BZA was not at liberty to disregard the law.
 
2. By disregarding the legal requirements of the UDO, the actions of the BZA were arbitrary and capricious, not in accordance with the law, and without observance of procedure required by law.
 
3. Finding that the application was incomplete, should not have been acted upon by the BZA until it was in compliance with the UDO, and in utilizing the remedy provided in 1C 36-7—4—1615, this Court now sets aside the BZA actions and rcmands the case to the BZA for further proceedings.
 
4. Inasmuch as this Court finds that the application was not complete and should not have been acted upon, there is no need for the Court to review the merits of the application or the BZA findings of fact. Accordingly, this ruling is limited to the finding that the application was legally deficient and was not properly before the BZA to hold public hearings, listen to evidence, find facts, and vote. Consequently, this Court declines to exercise judicial review of any BZA actions taken on the incomplete application, finding simply that all actions taken on the incomplete application are vacated, and the matter is remanded to the Pulaski County Board of Zoning Appeals for further proceedings.

Attachments

Mammoth Solar Lower Court 2021 08 24

October 15, 2022


Source:https://bloximages.chicago2.v…

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