Solar company sues Clark County Board of Zoning Appeals after rejecting proposed commercial farm – WHAS11

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CLARK COUNTY, Ind — The fight over a proposed solar farm in rural Clark County is headed to court.
About four months after the Clark County Board of Zoning Appeals (BZA) voted 3–2 to deny a large commercial solar project, the company behind the proposal has filed a lawsuit challenging that decision.
Public records show MAHI BN LLC, operating as the solar company BrightNight, submitted a 26-page petition for judicial review in Clark County Circuit Court. The court administrator said the case includes a large number of attached documents.
The lawsuit is a verified petition for judicial review over the BZA’s denial of the company’s application to rezone and build a commercial solar energy system on 3,800 acres of Clark County farmland.
The BZA’s August vote seemed to end the proposal, a decision welcomed by opponents who said the project would permanently alter the rural landscape and harm the environment.
“It’s just important that our county has this land, prime farmland out here, for the future of our community, for the future farmers,” said Clark County resident Kristine Horsley. 
BrightNight, however, argues the board acted improperly. According to the lawsuit, the company claims the zoning board “arbitrarily and capriciously” denied its application without a rational basis.
Horsley disagrees, calling the legal challenge frustrating for residents who believed the matter had been settled.
“They’re beating a dead horse,” Horsley said. “It’s very frustrating to know that we’re two-plus years in, and here we are again with no resolution.”
Supporters of the solar project previously told WHAS11 that the development would allow landowners to profit by leasing their property. During public comment earlier this year, some speakers criticized traditional farming practices and said solar development could be a safer alternative.
Public filings also show the lawsuit questions the actions of a newly appointed zoning board member before voting against the proposal.
In response, the Clark County Board of Zoning Appeals filed court documents rejecting several of the company’s claims and asking the court to deny the petition.
WHAS11 News reached out to attorneys for both sides and to BrightNight for comment. As of Thursday night’s newscast, no responses had been received.
The case now moves to the courts, where a judge will decide whether the zoning board’s decision stands or if the proposed solar farm gets another chance.

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