FORT MILL, N.C. (WBTV) – A controversial solar panel plant in York County filed a complaint on Friday against the county to resume solar cell production at its site.
On Friday, Oct. 16, Silfab Solar, whose facility in Fort Mill, filed a complaint against York County to resume its “fully permitted” solar cell and solar module manufacturing.
The complaint was seeking clarification from a judge’s ruling from earlier this year that Silfab Solar can not operate under the light-industrial zoning classification. The complaint said the judge’s ruling applies retroactively to Silfab despite them receiving approval from York County Council prior to the judge’s ruling.
Companies under the light-industrial zoning manufacture computers, computer parts, communication equipment and similar electronic products. Solar manufacturing was not permitted under the light-industrial district, where Silfab Solar is currently operating.
Silfab Solar said in the complaint that the ruling cannot be applied retroactively to Silfab. The county would seek for Silfab to stop operations or revoke its permits, the complaint said.
In July a South Carolina judge upheld a March 2024 ruling that Silfab Solar was not qualified to work within the light-industrial zoning classification. In February 2024, the York County Zoning Administrator concluded that Silfab Solar’s Fort Mill plant was able to produce solar panels under the light-industrial zoning classification.
However, in March 2024, the York County Board Zone of Appeals reversed that decision. The Board Zone of Appeals ruled 5-0 that the area where Fort Mill plant is located is only permitted to do light industrial work.
The complaint said in August 2021, York County confirmed solar panel manufacturing was allowed under light-industrial zoning.
According to the complaint, in May 2024, the York County Zoning Administrator said solar panel manufacturing is not listed under the use for light-industrial zoning.
In June 2024, the county issued a statement saying the decision by the York County Zoning Administrator did not apply to Silfab, according to the complaint. The complaint said, “the zoning verification gave Silfab the legal right to develop the property for its intended purpose.”
The ruling from the zoning administrator would only apply to future projects in the light industrial zoning, according to the complaint.
The complaint said the court did not address whether the zoning decision made by York County applied to Silfab. The complaint also said in August the court denied a reconsideration of the decision made by zoning administrator.
“Silfab Solar, consistent with the views of local authorities, today took affirmative action to further protect the company’s legal right to operate at its Fort Mill, SC, facility. While we believe the filing of the declaratory judgment action is unnecessary given Silfab’s receipt of all permits and approvals needed to operate, Silfab is hopeful that this action will bring finality to the uncertainty caused by a small but vocal minority.
“Silfab understands and sympathizes with York County’s desire to seek clarity, which is why the company took this step to secure a declaratory judgment.
“Our complaint accurately and convincingly details how Silfab’s opponents have abused the zoning processes to improperly challenge County Council’s legitimate actions to recruit Silfab to our specific site and to induce Silfab to invest hundreds of millions of dollars and create hundreds of jobs in York County. We are confident that the courts will ultimately validate the legitimacy of our operations. That result will not only protect Silfab’s workers and our investment in the community; it will also ensure that future employers will have the stability, predictability, and trust necessary to create jobs and grow the state’s economy without fear that zoning processes will be weaponized against them.
“Furthermore, this action seeks to protect Silfab’s rights and ability to bring more jobs to the region and maximize the full capacity of its space at Fort Mill.
“Silfab’s filing is in alignment with York County’s efforts to achieve what we believe is a mutually agreeable outcome.”
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