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A judge hearing the Wagoner County lawsuit filed by NextEra Energy’s Persica Solar subsidiary following the county’s rejection last year of its proposed 5,000-acre, $336 million solar array expects to reach a decision in the case sometime in October or November.
It’s what District Judge Douglas Kirkley indicated in a hearing this week where he gave attorneys for Wagoner County Commissioners and NextEra Energy at least 45 days to submit proposed findings of facts and conclusions of law. A filing in the case indicated the Judge said when the findings were filed, he plans to issue an order within 30 days.
NextEra Energy’s Persica Solar subsidiary is not giving up as it continues pushing its fight to overturn a 2025 decision by Wagoner County Commissioners against the proposed solar farm near Porter.
In a Monday filing in the lawsuit filed by the Florida-based company in June 2025, the company again said the reasons cited by County Commissioners were “speculation” and that the firm had “undisputed benefits” identified in its previous filings about the solar array.
The “undisputed benefits” as cited by Persica Solar, the NextEra subsidiary that sought approval of the proposed power project, included $31 million in ad valorem taxes, 85% of taxes would go to Porter schools, taxes could allow the city of Porter to fund its own police force, 300 construction jobs, long-term leases for family farm income, and “Open for business” signal will help attract other businesses, and school partnerships and financial contributions to FFA and athletic programs.
Persica repeated its argument that the “concerns” cited by County Commissioners “have no evidentiary support.” The company referred to an “unsubstantiated rumor” that an unidentified Texas solar project caught fire “70 times in one year.” It cited two studies that showed a solar project does not diminish surrounding property values. The company also refuted a claim of agricultural productivity loss by showing it is “undisputed that only 10% of Project Land is currently used to grow crops.”
Persica Solar filed a similar brief in June and asked the court to issue the permit. It was a 164-page brief that included minutes of several county commission meetings where the permit request was delayed four separate times before a fifth meeting where commissioners voted to deny the request.
Wagoner County has pushed back on the lawsuit and stated “the BOCC denied Persica’s application because Persica did not prove that its proposed industrial-scale solar facility would be for the benefit of the surrounding area, and none of Persica’s grounds warrant setting that decision aside.” The county further claimed that “Persica cannot meet its burden.” The county also contends that “Solar energy farms are conditional uses in Wagoner County’s agricultural district and Persica had to prove the project would benefit the surrounding area.”
The dispute arose after Persica submitted an application in the fall of 2024 with the Wagoner County Metropolitan Area Planning Commission. The planning commission recommended approval in January 2025 but months later, county commissioners rejected the request.
 
Jerry Bohnen is the founder and creator of OK Energy Today, which began in 2012. He is an Edward R. Murrow Investigative award winner and has been recognized by other national, regional and state institutions during his 50 years as a broadcast journalist. Contact Jerry at editor@okenergytoday.com
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