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More than a dozen residents are suing Will County saying their rights were violated because they were not allowed to cross-examine Earthrise Energy during a public hearing on a proposed 6,100 acre solar farm near Manhattan.
The lawsuit, filed Tuesday, seeks a judge’s ruling supporting their claim they are entitled to question Earthrise officials and injunctive relief invalidating the Will County Planning and Zoning Commission hearing and any subsequent hearings, including the upcoming April 16 county board meeting where a vote is expected.
During the March 30 public hearing, attorney Steve Becker formally objected to the proceedings.
“I want the record to reflect that I have been denied the opportunity to conduct cross-examination and to introduce evidence on behalf of my clients,” Becker, who is representing 16 residents in the lawsuit, said at the meeting.
Earthrise’s proposal has sparked an outcry from neighboring residents about the impact row upon row of solar panels will have on the environment and the largely agricultural landscape in Green Garden, Manhattan and Wilton townships.
In the lawsuit, Becker points to state and county law that requires residents be given a chance to present evidence and cross-examine witnesses at a public hearing for a special use permit, such as the one requested by Earthrise.
He said he contacted the county’s land use department the week prior to the hearing and spoke to a Will County assistant state’s attorney the night of the hearing. Both times, he said, he was told he would not be given time to conduct cross-examination or introduce evidence on behalf of his clients. Rather, he was given five minutes to speak during public comment just like the dozens of other residents who spoke.
“There’s no way to conduct any type of meaningful cross-examination in five minutes,” Becker told members of the Planning and Zoning Commission March 30. “It’s constitutionally preposterous.”
A spokesman for the Will County state’s attorney’s office Wednesday declined comment on Becker’s lawsuit, saying it was under review.
Officials with Earthrise Energy did not immediately return calls or emails seeking comment. However, an attorney for Earthrise did offer Becker the opportunity to cross-examine and ask questions during the March 31 continued hearing before the commission. Becker, who the attorney said was not informed of the offer prior to the meeting, did not attend March 31 but was made aware of the continued hearing at the conclusion of the March 30 meeting.
At the March 31 meeting, Earthrise’s attorney, Ben Jacobi, argued Becker was granted the same opportunity as other residents to answer questions. During his closing, Jacobi also conducted a question-and-answer session with Earthrise officials, asking questions presented during the public comment.
The commission ultimately voted 4-2 against recommending approval of the project. The county’s land use committee members deadlocked in a 3-3 vote April 2, moving the project on to the county board without a recommendation.
The county board is expected to vote April 16 on Earthwise Energy’s Pride of the Prairie solar farm. The county board moved the 9:30 a.m. meeting to the Clarion Hotel and Convention Center, 411 S. Larkin Ave., to accommodate people.
Alicia Fabbre is a freelance reporter.
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