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by Kody Bair
CHEBOYGAN COUNTY, Mich., (WPBN/WGTU) — A months-long legal battle in Cheboygan County over a proposed 810-acre solar farm has taken a major step forward after a judge overturned the project’s approval.
Last week, the issue ended up in a courtroom. On one side, the county defending its approval of the solar farm, and the other, 19 concerned residents asking a judge to reverse that decision.
"Just the community coming together to fight this. We were unwavering, relentless, and we knew that we were fighting for justice,” Sherry Long said.
Joe and Sherry Long have lived in Cheboygan County for a couple years now. They say last year, a new guest in the county caught their attention.
"We were shocked to learn that not only was it not an 80/20 issue, it was a 99 to 1 percent issue,” Sherry said.
EDP Renewables, an international renewable energy company, requested a special use permit to build a 110-megawatt, 810-acre solar facility, powering the equivalent of more than 30,000 homes. The Longs had concerns, mostly for another couple living in the area.
"They're in their mid-80s. Born in Cheboygan County,” Sherry said.
Sherry says this is the Johnsons home in Grant Township:
She says based on EDP Renewables application sent to the county, she used A-I to generate this picture of approximately what she says the Johnsons' home would look like with the solar farm:
"They've lived in the home 24 years and would be completely surrounded by these industrial solar panels,” Sherry said.
In August, the Cheboygan County Planning Commission approved the solar farm. And not long after, the Johnsons, the Longs and 15 other locals took the county and EDP Renewables to court.
"Regardless, if you're a corporation or just a single guy living in a trailer; It doesn't matter,” Joe said. “You have the right to peacefully enjoy your property. Stand up for it."
They say commissioners did not officially state standards were met in sections 18 and 20 of the ordinance, which rule on special land use permit procedures.
"It's just a major void here that the planning commission didn't address 18 and 20,” the plaintiffs’ attorney said in court. “It's inexplicable and I don't know why they did not."
The attorney representing Cheboygan County argued there was no need to look at each section, because a compatible renewable energy ordinance, or CREO, was in the county zoning ordinance.
"Plaintiff’s attorney’s argument is they didn’t consider section 18 and that is fatal– I'm saying it's not fatal,” The county’s attorney said. “‘Any solar energy facility with a capacity of 50+ megawatts shall be a permitted use by right.’”
A few months after the approval, a judge said the planning commission does not need to have a CREO in its ordinance, so it took it out and put a temporary moratorium on large-scale solar energy projects.
"The day after this court ruled in January, the board of commissioners rescinded that ordinance,” the plaintiffs’ attorney said.
Judge Gauthier says since the application was for a special use permit, findings of fact on each section of the zoning ordinance must be done, even if there was a CREO.
"They say they evaluated an application for a special use permit and granted it,” Judge Gauthier said. “How can I say they didn't even need to do any of that?"
Joe says if they did look at those sections, the permit wouldn't have been approved, because the requirements were not met. EDP Renewables said in court that the requirements were met.
"If this record, which has hundreds of pages of expert testimony, is not sufficient, I don't know what is,” an EDP attorney said.
The judge says it doesn't matter since sections 18 and 20 in Cheboygan's zoning code weren't addressed by commissioners.
After a little more than an hour of arguments, Judge Gauthier ruled.
"The proper remedy for me is to reverse that decision and vacate the special use permit that was issued,” Judge Gauthier said.
And with that temporary moratorium in place, the Longs say EDP Renewables cannot reapply right now.
"Doing this for them and seeing the happiness on their face and Mr. Johnson just feeling such great relief last week when we won the lawsuit,” Sherry said. “He went home, turned on the Tigers game, and had a good peaceful nap."
That moratorium was made official on March 18. It was put in place for six months with the right to extend it while commissioners take another look at the zoning ordinance.
We received a statement from EDP Renewables North America saying the group is disappointed by the court's ruling and went on to say in part:
"We will be pursuing all avenues available to bring Northern Waters Solar online, as we believe in the project as an economic engine for Grant Township and Cheboygan County and its potential to support hundreds of jobs and more than $24 million dollar revenue for local public services and infrastructure."
Meanwhile, Cheboygan County Administrator Jeffrey Lawson said the county will respect the court's decision.
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