The Ohio Supreme Court has partially sided with local governments in Madison County in a legal dispute about a planned solar project on part of land owned by Microsoft founder Bill Gates.
The majority of justices reversed a March 2024 decision from the Ohio Power Siting Board approving the 6,050-acre Oak Run Solar Project, saying that the board needs to more thoroughly consider the visual plan of the application.
The local governments also argued that the board did not adequately consider other factors, including battery storage safety, water quality data and wildlife surveys. The court majority concurred that the applicant shared less information than regulations required, but local governments did not show enough evidence that the plan would be harmful.
The court sent the case back down to the siting board, which will need to review photographic images or sketches of the proposed buildings before approving an application for construction.
Justices Patrick DeWine and Joseph Deters joined Justice Patrick Fischer’s majority opinion. In a separate opinion, Justice Jennifer Brunner, the only Democrat on the court, sided with most of Fischer’s opinion but added that Oak Run shared enough information on the visual impact because the highest structures would be unnoticeable from the project boarders.
Justice Daniel Hawkins, in an opinion that Chief Justice Sharon Kennedy and Justice Megan Shanahan joined, wrote that the board approved the project without the required water quality and wildlife studies – and that the plan doesn’t address safety concerns about the battery storage systems that could be toxic if they catch on fire.
Kennedy added in a separate opinion that the project’s “incomplete” emergency response plan harms local governments.
“These are not minute details that can be filled in later, nor are the harms these omissions could cause easily rectified after the fact,” Kennedy said.
The Oak Run Solar Project spans over 6,000 acres in rural Madison County, about 35 miles from Columbus. The project includes land in Monroe, Somerford and Deercreek townships and could be one of the largest in the U.S.
The agrivoltaic project involves planting crops and grazing livestock amid the panels. At least 70% of the farmable project area needs to include agrovoltaics within the first eight years of operation, The Dispatch has previously reported.
It is also expected to generate $8.2 million annually for local governments and schools.
Anna Lynn Winfrey covers regional/trending suburban news for The Columbus Dispatch. She can be reached at awinfrey@dispatch.com.

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