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Homeowners opposed to a 6,100-acre solar farm near Manhattan scored a legal win Wednesday with an order granting them ability to present evidence and cross-examine the developer, pushing back a Thursday vote on the project.
Will County Judge Victoria Breslan granted a temporary restraining order that effectively bans the Will County Board from voting until an attorney for the homeowners is given a chance to present evidence and cross-examine representatives from Earthrise Energy. The County Board was scheduled to vote on Earthrise’s Pride of the Prairie solar farm Thursday.
The decision stems from a lawsuit filed on behalf of 16 homeowners who live near the proposed solar farm that will cover areas of Green Garden, Manhattan and Wilton townships. Attorney Steven Becker argued his clients were denied the ability to present their own evidence and cross-examine witnesses from Earthrise Energy, the developer, during a two-day public hearing before the county’s Planning and Zoning Commission.
An official with Earthrise said they do not plan to appeal Breslan’s decision and said the company looks forward to answering Becker’s questions.
“We are confident in our application and this permit’s ultimate success which will deliver significant benefits to Will County, its residents, and the state of Illinois,” Earthrise said through an email.
During court proceedings Wednesday, attorneys for the county and Earthrise argued sufficient time was allowed for residents to express their concerns during the March 30 and 31 public hearings. They also noted that at the conclusion of the lengthy public comment, Earthrise responded to several of the questions residents posed.
Earthrise’s attorney, Ben Jacobi, also argued that he offered an opportunity to have Becker cross-examine witnesses on the second day of the public hearing but Becker was not present. Becker noted representatives of the state’s attorney’s office and the county’s Land Use Department informed him cross-examination would not be allowed.
Breslan ruled that Becker relied on the information from the county representatives and said the last-minute offer for cross-examination did not “provide a meaningful or realistic opportunity to exercise the right to cross examination.”
In her ruling, Breslan found that though the Planning and Zoning Commission allowed each public participant five minutes to speak, Becker appeared on behalf of multiple interested parties and limiting him to the same five-minute period did not provide a meaningful opportunity to be heard. That contributed to the denial of effective participation, she wrote.
She also found that while homeowners could challenge the County Board’s ultimate decision after the fact, any legal challenge would be based on an incomplete record because Becker was limited in what he could present.
“This court finds that such a deficiency cannot be cured after the fact,” she wrote.
Though Breslan approved a temporary restraining order, she also wrote the county is not required to hold a new public hearing. Rather, she said, the county can allow Becker and his clients an opportunity to present evidence and cross-examine witnesses.
Will County Assistant State’s Attorney Scott Pyles said Earthrise’s proposal will be sent back to the Planning and Zoning Commission for a continued hearing. Pyles said a date has not yet been finalized, but public notice will be provided.
Residents have opposed the 600-megawatt solar farm saying it will adversely affect the agricultural landscape they sought out when they bought their homes and could negatively affect the environment.
While Earthrise may not get a vote on its Pride of the Prairie solar farm near Manhattan this week, the County Board is still expected to vote Thursday on Earthrise’s Plum Valley proposal for a 2,400-acre solar farm near Crete. That proposal was approved by the Planning and Zoning Commission.
The board will also reconsider six smaller projects they’d already rejected. They’re doing so after the solar operators involved sued, and a judge ordered the county to issue the permits.
County Board Speaker Joe VanDuyne shared a memo with board members Tuesday saying their hands are completely tied in reconsidering the previous six denials.
He said the Will County state’s attorney’s office advised board members they could face contempt charges, punishable by fines or jail time, if they defy the court order and vote no when the projects are reconsidered, and that a no vote could result in fines or sanctions against the county that would be passed on to taxpayers.
Alicia Fabbre is a freelance reporter.
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