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A week after a Wagoner County District Court Judge reversed a county commission denial of a permit for a proposed 5,000-acre solar project, the commission has yet to decide how to proceed with considering the request of NextEra Energy and its subsidiary Persica Solar LLC.
Wagoner County Commissioners met this week and had the Persica Solar project lawsuit on the meeting agenda. Commissioners discussed the issue of Persica Solar, LLC v. Board of County Commissioners, case No. CV-25-111 in executive session, then returned and took no action. The agenda explained that the executive session was necessary “based on its attorney’s determination that disclosure of these communications will
seriously impair the ability of the Board to conduct the pending litigation and remanded proceedings.”
District judge Doug Kirley ruled last week that the commissioners decision on June 16, 2025 to deny the permit should not have been based on their refusal to consider “appropriate conditions” to be placed on the project.
“An application for conditional use permit cannot be denied solely on the grounds that the use is not affirmatively beneficial to the community when all conditions of the ordinance are satisfied,” wrote the judge in his order. “Wherefore, premises considered, Persica’s Application for Conditional Use Permit is granted subject to the imposition of reasonable conditions by the Board of County Commissioners of Wagoner County.”
Commissioners in their October 26 meeting listened to a few residents including Joyce Campbell but took no action on the issue.
“I would like to urge you to appeal the recent ruling in the Persica that can be approved for the application. The court’s ruling grants the permit subject to the imposition of reasonable conditions by this board, yet important questions still remain unanswered.”
She asked what constitutes a reasonable condition for a project of the magnitude of 5,000 acres. Campbell also raised the question as to the extent the conditions can address setbacks, drainage, road, fencing, screening, lighting, emergency response and the protection of neighboring landowners.
Commissioners are scheduled to meet in the coming week, but an absence will delay any potential decision on the Persica Solar farm request to Monday, November 9, according to a spokeswoman at the Wagoner County Clerk’s office.
The original vote was 2-1 to deny Persica a permit for its proposed 241-megawatt solar farm near Porter.
 
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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