It could be another month before a final decision is made, but Circuit Judge John Atkins heard civil preliminary arguments in Dogwood Corners LLC v. the Christian County Fiscal Court Wednesday afternoon — pertaining to solar installations and related variances enacted by magistrates in November 2022.
A $220-million, 550-acre, 175-megawatt solar farm is essentially on hold following the passage of a 2,000-foot variance of solar panels on county property, and an action was filed by Oriden and this corporation just before Christmas 2022.
The Mitsubishi subsidiary is currently being represented by Jason Strobo, who said the fiscal court “had made a mistake” when it drafted and voted on its ordinance.
Atkins asked Strobo and Christian County’s attorneys Lincoln Foster and Todd County’s Mac Johns to elaborate on any pending litigation in other Kentucky counties similar to what’s going on in Christian County — to which none could be highlighted at this time.
However, Johns and Foster said the county’s position is that this was not “a zoning ordinance,” and as such never needed to be run through any boards of zoning adjustment.
Strobo said he wasn’t familiar with this case, but had rebuttal — noting that while natural resources, conservation and other land properties should be protected, the very argument of specificity and first impression is the crux of the suit.
Strobo also alleges that the fiscal court didn’t pass their provision pursuant to KRS, and instead took an alternative route that his client claims is “capricious” in nature with “no rational connection” between action and regulation.
Johns noted both Logan and Todd counties have similar ordinances to Christian County’s newest law, and iterated Christian County’s officials admitted all of last year that language had been inspired from Logan and Todd efforts.
Atkins agreed with Strobo, and to a degree with Johns, in that first impression must be determined before he could make an official decision. He gave both parties two weeks to brief their positions — no matter how germane — and draw any conclusions of potential similar issues in other counties and appellate courts.
Briefs are to be submitted simultaneously with no replies or responses by September 6, and a follow-up hearing is scheduled for September 20 — unless Atkins enters in his ruling beforehand.
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