Solar company has hearing in appeal to county's zoning ordinance

In its challenge to Hardin County’s zoning ordinance, a solar company had a hearing Tuesday in Hardin Circuit Court.

 

Hardin Solar is seeking a declaratory judgment against Hardin County Planning and Development Commission and is asking the court to find the county’s ordinance unlawful.

 

A hearing in Judge Kelly Mark Easton’s courtroom gave the solar company and its legal representatives 30 days to file its petition.

 

Easton then granted 30 days for anyone involved in the suit, including parties in favor of the declaratory judgment, to respond to that petition and then another 10 days for the solar company to reply to those responses.

 

In the hearing, Easton allowed for an attorney representing Candella Renewables, another company looking to develop a solar project in Hardin County, to intervene on behalf of Hardin Solar in seeking a declaratory judgment and, in doing so, representatives from Candella also will be able to submit a response.

 

In an appeal to intervene, the attorney told the court his client’s company also has invested time, money and effort in developing the Stonefield Solar project in the county and has a vested interest in the outcome of the case.

 

“What I’ll do — and you’re right, I think everybody will want to be heard on it and I’ll probably have questions after I read everything like I did the last time we had this situation — I’ll go ahead and set a date once we figure out this calendar,” Easton told the parties.

 

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A hearing date was not immediately set.

 

Hardin Solar was denied a conditional use permit to build a solar farm in Hardin County and they are challenging the Zoning Ordinance that guided the commission’s decision.

 

The property in question is an 868-acre site consisting of eight parcels along Hansborough Road, South Black Branch Road, U.S. 62, and North and South Long Grove roads near Cecilia and Glendale.

 

Hardin Solar is one of three companies, including Candella and ibV Energy Partners, to undergo the public scrutiny process to approve large solar projects in the county. None have received a conditional use permit from the county to begin construction.

 

Candella has yet to submit its application to the county. In a motion filed with Hardin Solar’s case, Candella said they plan submitting its Stonefield project applications this spring.

 

Hardin Solar is the second company to challenge a decision of Hardin County Planning and Development Commission. ibV won an earlier appeal and is awaiting a hearing before the county’s Board of Adjustments for a conditional use permit.