-PRESS RELEASE-

On September 21, 2022, the Indiana Court of Appeals (Judges Pyle, J. May and J. Brown) issued its decision (the “Decision”) rejecting Mammoth Solar’s appeal for zoning approval to build, what it states would be the largest commercial solar utility in the United States.

Mammoth Solar a/k/a Starke Solar submitted its application in June 2020. The Application sought approval for Phase I of a large commercial solar development spanning more than 4,500 acres of agricultural farmland. The Pulaski County Board of Zoning Appeals approved the request for special exception on August 23, 2020, despite compelling arguments against the solar project.

Several neighboring property owners initiated a judicial review proceeding before Judge Kim Hall, who served as special judge for the Pulaski County Superior Court, in an effort that successfully reversed the BZA’s approval of the Application.

In reversing the approval of the Application, Judge Hall noted that, “[t]he BZA was required to act in accordance with the law and was not at liberty to ignore clearly defined legal procedures.” Doing so, the Judge held, was not in accordance with the law, and was arbitrary and capricious. Judge Hall reversed the BZA’s approval of the Application and remanded the matter back to the BZA. Judge Hall determined that only after a complete application is provided by Mammoth Solar, can the matter proceed to public hearing.

Mammoth Solar filed an appeal with the Indiana Court of Appeals seeking to reverse Special Judge Kim Hall’s decision. The Indiana Court of Appeal’s decision upheld Judge Kim Hall’s decision and further affirmed that: (i) the Petitioners have standing to obtain a judicial review of a zoning decision; (ii) the Petitioners timely filed the BZA record; (iii) the BZA’s decision was arbitrary and capricious; and (iv) the Petitioners have fully demonstrated they were prejudiced by the BZA’s decision.

The Petitioners are pleased with the Court of Appeals’ ruling and have many concerns with any proposed commercial solar developments. Those concerns include the impact on neighboring property values, the removal of valuable farmland from crop production, the destruction of the rural character of the area, and the inconsistency with the Pulaski County Comprehensive Plan, among other things.

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