Lawsuits in Will, Grundy and Winnebago counties could map out future of solar farms – shawlocal.com

Solar panels spread across an Illinois farm field. (Scott Anderson)
Solar farm law in Illinois may not be as simple as it seemed just five months ago when the Will County Board, under a court order, was forced to approve six solar farm projects it had previously rejected.
The reversal hinged on a state appellate court ruling that found county officials under Illinois law had little say-so over solar farms planned for rural areas zoned for agriculture.
That position, however, remains hotly contested, including a challenge in one Will County lawsuit alleging that an approved 6,100-acre solar farm spreads “like a giant sea squid” over three townships.
Since the Will County Board decision under court-ordered duress in April, a lot has happened to give new life to a controversy in rural and suburban areas where the arrival of solar farms is often seen by homeowners as an industrial incursion.
Opponents of Lincoln Energy’s Pride of the Prairie solar project hold up signs at the Will County Board meeting on May 21, 2026. (Bob Okon)
• A separate appellate court in the state’s Fourth District ruled in favor of a Winnebago County decision to block a solar farm project there, giving the county board a bigger say than what was allowed in Will and Grundy counties.
Grundy County has appealed the Third District appellate ruling, which was the basis for the court order that forced the Will County Board to approve projects it previously rejected.
• The villages of Shorewood and Channahon have gone to court to object to the forced county board approvals of solar farms on the borders of their communities.
• A group of Will County residents has filed a lawsuit arguing that the state law mandating approval of the 6,100-acre Earthrise Energy project that spreads over three townships violated their due process rights.
The Will County lawsuit filed by attorney Steven Becker refers to the Lincoln Energy project as the “largest solar industrial project in the state of Illinois.”
Attorney Steven Becker asks questions during a public hearing held in May 2026 in Will County over Earthrise Energy’s plan for a 6,100-acre solar complex. (Bob Okon)
“Like a giant sea squid, the project’s tentacles envelop three different rural townships,” the lawsuit states.
The project is located on non-contiguous parcels in Green Garden, Manhattan, and Wilton townships.
The lawsuit against the project contends that state law limiting local authority to review solar projects takes away the constitutional rights of neighboring property owners who oppose them.
Joliet attorney James Murphy is in the middle of this solar controversy, representing Winnebago County, Grundy County, Shorewood and Channahon in the assorted legal actions now underway.
Murphy said the matter is likely to go to the Illinois Supreme Court given the conflicting decisions in the appellate courts.
“Basically, any discretion has been taken away from the county board in the Third District,” Murphy said of the decision affecting Will and Grundy counties. “Discretion in the Fourth District is preserved.”
Joliet attorney James Murphy is representing local authorities in lawsuits and appeals over the state’s solar farm laws. (submitted photo)
Both the Fourth District decision affecting Winnebago County and the Third District decision affecting Will and Grundy counties refer to the same state statute, Murphy said.
That makes the legal controversy ripe for a state Supreme Court decision.
“Right now, there is a split in terms of what type of discretion is allowed, which is why I think the Illinois Supreme Court will take one of the petitions for leave to appeal if not both,” Murphy said.
The Supreme Court has not yet said whether it will take the case, but the court’s agenda typically comes out in late September, Murphy said.
In the meantime, the Third District Appellate Court of Illinois ruling used to force the Will County Board in April to reverse decisions on solar facilities remains the law in Will County, Assistant State’s Attorney Kevin Meyers said.
Will County is in the Third District, and decisions by that appellate court apply unless the Illinois Supreme Court rules otherwise, Meyers said.
“When there’s a court appeal on an issue and your home circuit rules on that issue, you abide by that ruling,” Meyers said.
Bob Okon covers local government for The Herald-News

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