A judge intends to hear the appeal of NextEra Energy in its bid to win a permit for construction of a 5,000-acre solar farm near Porter in Wagoner County.
NextEra’s subsidiary, Persica Solar, LLC went to court last year after Wagoner County Commissioners, in a 2-1 vote, denied the company’s request for a conditional permit for the proposed solar farm.
Wagoner County District Judge Douglas Kirkley recently set an agenda for briefs to be filed before he hears the appeal on August 31 at 9 a.m.
The judge wants the Plaintiffs Brief in Chief to be filed by June 15 and the Defendant’s Response by July 10. The Plaintiff’s Reply in Brief will have to be filed with the court by July 24.
THIS ORDER is entered this 16 day of May, 2026, counsel for Plaintiff and
Defendant having stipulated to the record in this appeal from a decision of the Board of County
Commissioners and considering the complexity of the case and availability of the parties in
arriving at this Scheduling Order with the Court:
IT IS ORDERED that the following must be completed within the time fixed:
1. Plaintiff’s Brief in Chief on or before: June 15, 2026
2. Defendant’s Response to Brief in Chief on or before: July 10. 2026
3. Plaintiff’s Reply in support of Brief in Chief
on or before: July 24, 2026
4. This Appeal shall be set for hearing on the 31 day of August, 9:00am before the Honorable Douglas Kirkley.
Wagoner County Commissioners denied Persica Solar’s request nearly a year ago following strong opposition from landowners and residents of Porter.
Afterward, NextEra’s Sara Cassidy, Director of Development Communications issued a statement.
“While NextEra Energy Resources is disappointed with the decision by the Board of County Commissioners, we remain deeply committed to working with local leaders to develop the Persica Solar project in Wagoner County and bring the benefits of the project to the community, including approximately $31 million dollars in tax payments over the lifetime of the project.”
NextEra had claimed the solar farm would have aided the county and the town economically. Opponents complained that very little if any of the electrical power to have been produced by the solar array would be for the local area, but would have instead been transmitted out of state.
After Persica Solar filed its appeal, Wagoner County Commissioners responded through their attorneys with the Tulsa law firm of GableGotwals, and stated Persica Solar “lacks standing to bring this lawsuit,” “fails to state a claim against the County upon which relief may be granted,” ” Plaintiff is not entitled to a conditional use permit” and “the decision of the County is valid and the proceeding was free from any prejudicial error, therefore, the decision must be affirmed.”
The commissioners also contended the county properly exercised its police power granted to protect the public and that the county’s denial was “not arbitrary or capricious.” They also claimed their decision was “administrative, legislative or political in nature, not judicial or quasi-judicial.” And the commissioners contended a conditional use is not a use permitted by right under the Zoning Code.
Persica contended in its appeal that “The BOCC’s denial of Persica’s Application for Conditional Use Permit was
unfounded under the facts and circumstances and the Conditional Use Permit should be properly issued to Persica.”
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