The Latest News (Last Update 06/20/2023)
10 solar companies have recorded signed contracts with Pulaski County landowners involving 25,459 acres as of 06/15/23.
For a listing by Landowner name*, Click here
For a listing by Solar Company name*, Click here
For a Summary by Solar Companies*, Click here
*DISCLAIMER
The foregoing is this author’s summary of public information retrieved using Doxpop. The intent in proving this information is to assist farm operators, residents, and property owners regarding the extent of potential commercial solar development in Pulaski County.
Although great care was taken in creating this summary (of documents generated and recorded by third parties), and the intent is to provide accurate information, it is possible that errors may exist. For example, recorded documents may be incomplete or erroneous. Additional leases may not have been recorded or may not have appeared based upon utilized search parameters. Use of this summary should not be a substitute for the reader’s own research, and the author does not guarantee the accuracy of the summary.
If you have questions, or would like additional information regarding the listings, please call 765-427-6362.
More detailed information is also available at the Pulaski County Recorder’s office.
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MAMMOTH SOLAR PLANS RIBBON CUTTING FOR NOVEMBER 3rd.
Why? What is the rush?
Presently, Mammoth Solar has no building permit
Special exception approval?
Mammoth Solar I – BZA special exception approval reversed by trial court and reversal was upheld by the Court of Appeals
Mammoth Solar II – BZA special exception approval presently in litigation, being challenged on similar grounds
Changing the rules?
Commissioners Chuck Mellon and Mike McClure voted to amend the UDO and remove over 80 requirements for commercial solar in the County, including the elimination of public notice, public hearing, and BZA approval
Propriety of UDO changes are presently in litigation
Ribbon cutting? For what?
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Next Era’s Moss Creek Solar Application for Special Exception Reversed by Judge Friedman
October 10, 2022.... On October 7, 2022, The Honorable Greta Stirling Friedman, serving as special judge for the Pulaski Superior Court, issued a decision (the “Decision”) reversing the Pulaski County Board of Zoning Appeals’ approval of Moss Creek Solar’s application for special exception (the “Application”). The Application sought approval for a large commercial solar development spanning more than 1,620 acres of agricultural farmland in Pulaski County. Several neighboring property owners initiated a judicial review proceeding before Judge Friedman in an effort that successfully reversed the BZA’s approval of the Application.
Key to the Judge’s decision was Moss Creek Solar’s failure to comply with the application requirements of Pulaski County’s Unified Development Ordinance (the “UDO”). The UDO Section 7.1(B) states “the intent of this ordinance is to provide a regulatory scheme for construction and operation...Solar Energy Systems (SES) in the county; subject to reasonable restrictions, these regulations are intended to preserve the health and safety of the public.” Further, a complete application is required before the BZA can take any action on the Application, including the holding of any public hearing. Judge Friedman found that Moss Creek Solar failed in that regard. Among other things, the Judge noted that “[t]he Court finds the lack of an adequate fire prevention safety plan is a fatal flaw, which means the UDO requirements were not fully met.” The Judge further found that Moss Creek Solar failed to prove it had authority to file the Application in the first place. In this case, the Application should not have been processed for further review, should not have been scheduled, and should not have been approved.
In reversing the approval of the Application, Judge Friedman noted that “[t]he BZA decision is arbitrary and capricious and contrary to law, not in accordance with the law, and without observance of procedure required by law. As such, the BZA decision is reversed and set aside.” As a result, Judge Friedman reversed the approval of the Application, and remanded the matter back to the BZA. Only after a complete application is provided by Moss Creek Solar, can the matter proceed to public hearing.
On April 8, 2022, Pulaski County Commissioners Chuck Mellon and Mike McClure voted to remove or (in the Petitioners’ opinion) drastically weaken over 80 requirements from the UDO favoring solar developers. The Commissioners also voted to allow commercial solar developments as a permitted use on all agriculture ground, thus removing public notices and the requirement for public hearings. A Complaint for Declaratory Judgment has been filed against the Pulaski County Board of County Commissioners regarding the adoption of the UDO revisions, citing multiple violations of Indiana law and statute, and of the County’s Plan Commission rules.
The Petitioners are pleased with the Court’s ruling on the Moss Creek Solar Application, and they have many concerns with the proposed commercial solar development. Those concerns include the impact on neighboring property values, the removal of valuable farmland from production, the destruction of the rural character of the area, and the inconsistency with the Pulaski County Comprehensive Plan, among other things. Moss Creek Solar and/or the BZA have the right to appeal the Decision to the Indiana Court of Appeals.
Click Here to View the Moss Creek Court Ruling
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Mammoth Solar’s Appeal is Denied by Indiana Court of Appeals
On September 21, 2022, the Indiana Court of Appeals (Judges Pyle, J. May and J. Brown) issued its decision (the “Decision”) rejecting Mammoth Solar’s appeal for zoning approval to build, what it states would be the largest commercial solar utility in the United States.
Mammoth Solar a/k/a Starke Solar submitted its application in June 2020. The Application sought approval for Phase I of a large commercial solar development spanning more than 4,500 acres of agricultural farmland. The Pulaski County Board of Zoning Appeals approved the request for special exception on August 23, 2020, despite compelling arguments against the solar project.
Several neighboring property owners initiated a judicial review proceeding before Judge Kim Hall, who served as special judge for the Pulaski County Superior Court, in an effort that successfully reversed the BZA’s approval of the Application.
In reversing the approval of the Application, Judge Hall noted that, “[t]he BZA was required to act in accordance with the law and was not at liberty to ignore clearly defined legal procedures.” Doing so, the Judge held, was not in accordance with the law, and was arbitrary and capricious. Judge Hall reversed the BZA’s approval of the Application and remanded the matter back to the BZA. Judge Hall determined that only after a complete application is provided by Mammoth Solar, can the matter proceed to public hearing.
Mammoth Solar filed an appeal with the Indiana Court of Appeals seeking to reverse Special Judge Kim Hall’s decision. The Indiana Court of Appeal’s decision upheld Judge Kim Hall’s decision and further affirmed that: (i) the Petitioners have standing to obtain a judicial review of a zoning decision; (ii) the Petitioners timely filed the BZA record; (iii) the BZA’s decision was arbitrary and capricious; and (iv) the Petitioners have fully demonstrated they were prejudiced by the BZA’s decision.
The Petitioners are pleased with the Court of Appeals’ ruling and have many concerns with any proposed commercial solar developments. Those concerns include the impact on neighboring property values, the removal of valuable farmland from crop production, the destruction of the rural character of the area, and the inconsistency with the Pulaski County Comprehensive Plan, among other things.
CLICK HERE TO VIEW THE FULL COURT OF APPEALS DECISION
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A Complaint for Declaratory Judgment was filed against the Pulaski County Board of County Commissioners on May 24, 2022, seeking to invalidate changes made to the UDO involving commercial solar projects, citing multiple violations of Indiana law and statute, as well as the County’s APC rules.
In a public statement, Commissioner Chuck Mellon previously stated…it is his intent to remove the “burdensome areas” from the UDO in order to streamline the process for the solar developers. The UDO changes eliminate and/or drastically weaken numerous requirements that previously existed, favoring solar developers. One of the more significant changes to the UDO involved allowing commercial solar developments as a permitted use in all agricultural zoned areas. The prior version of the UDO required a solar developer to seek a special exception from the BZA following a public hearing.
There was much opposition and concern voiced by the majority of the APC members at its initial public hearing on this matter, as well as from the public.
Click Here to read the full Complaint.
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Area Plan Commissioners (APC) will hold a Public Hearing[Monday, May 16, 2022 at 6 PM, Pulaski County Highway Garage] to discuss the Commissioners’ recommendation to allow solar development as a Permitted Use on AG-1 and AG-2 zoned ground.
Under the current UDO, commercial solar developments must seek approval from the BZA as a Special Exception in ag zoned areas.
The APC previously recommended to the Commissioners the need to keep commercial solar installations as a Special Exception.
Commissioners Chuck Mellon and Mike McClure are continuing to push for solar development as a Permitted Use on all ag-zoned areas, and removing the BZA from the process.
IF this proposed UDO change is approved, as a permitted use, no public hearing would be required for approval and, therefore, NO PUBLIC INPUT. IF APPROVED, NO REQUIRED PUBLIC NOTIFICATION OF SOLAR DEVELOPMENTS PRIOR TO APPROVAL.
PLEASE ATTEND THIS IMPORTANT MEETING!
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Update on April 18, 2022….At the Commissioners’ meeting this morning, our attorney, Jason Kuchmay, was on the agenda to speak. Unfortunately, Chuck Mellon only allowed Jason 5 minutes to talk.
We have been attending the Commissioners’ meetings for the last 21 months. This is the first time the Commissioners set a time limit for the speakers. They actually used a timer in order to stop Jason from speaking more than 5 minutes. The other speakers were not limited, nor timed.
Chuck Mellon stated that the reason was due to late add-on to the agenda. However, we filed our written request on April 1, requesting 20 minutes to speak. The meeting lasted only 34 minutes. The commissioners’ meeting ended 26 minutes early. Therefore, time was not an issue.
If you have a chance, please listen to the recording of the meeting.
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Update on April 14th, 2022….The public hearing scheduled for Mammoth Solar’s 3rd application was canceled. The following explanation was given by Pulaski County attorney Kevin Tankersley.
“Yes the BZA hearing on 4/18/22 is canceled.
Given the commissioners expressed stance on modifying the UDO to eliminate the need for a special exception it would be a waste of everyone’s time to conduct the hearing. If the UDO is not modified then the hearing will be reset. Otherwise I don’t see any reason to have a hearing on an application for a special exception that could be rendered moot.”
-Kevin Tankersley
Attorney-at-Law
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Update on April 8th, 2022….County Commissioners, Chuck Mellon and Mike McClure, presided over a Special Meeting on Friday, April 8 at 8:30 AM, for the purpose of discussing the APC’s recommended response to their proposed UDO solar changes. Commissioner Chuck Mellon and County Attorney Tankersley refused to allow any public comments prior to voting.
During the Special Meeting, Chuck Mellon read a prepared statement regarding his opinion of commercial solar projects’ potential financial benefit to the County and his desire to minimize any litigation and/or delays for the solar developers.
Despite the APC’s unanimous vote (with 1 abstention) to recommend keeping all commercial solar developments as a Special Exception in the County, Commissioners Mellon and McClure voted to reject the APC’s recommendation on this issue, while accepting others. Commissioner McClure also serves on the APC board and previously voted in favor of keeping the Special Exception. However, during the Commissioners’ Special Meeting, McClure changed his vote on this important issue and voted against the Special Exception.
According to Indiana statute, the proper procedure is for the Commissioners’ amendment to be sent back to the APC for its deliberation. If the Commissioners’ amendment is ultimately approved, commercial solar developments would be allowed as Permitted Uses in all A1 and A2 ag zoned areas.
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MAMMOTH SOLAR SEEKS APPROVAL FOR 9,037 ACRE INDUSTRIAL SOLAR PLANT - READ THE FULL PRESS RELEASE
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Proposed Solar Ordinance Changes
On Friday, April 1….the APC met to vote on the proposed changes to the solar ordinances initiated by Commissioners Chuck Mellon and Mike McClure.
The APC members voted to accept the vast majority of the Commissioners’ recommendations, EXCEPT for the following key items:
-Keep solar applications as a Special Exception, denying the Commissioners’ request to allow solar installation as a Permitted Use on all Ag zoned ground.
-Keep the wind speed resistance of at least 112 miles per hour, denying the Commissioners’ request to lower to 90 miles per hour.
-Keep noise restriction not to exceed 50 decibels, denying Commissioners’ request to raise noise level to 60 decibels.
These recommendations will be discussed and potentially voted on by the Commissioners at the Special Meeting on Friday, April 8, 2022 at 8:30 AM at the County Highway Garage.
Please attend this important meeting!
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At the request of Pulaski County Commissioners Chuck Mellon and Mike McClure, the APC members held a Public Hearing on March 16 to review the Commissioners’ proposed solar changes to the UDO.
The APC members decided to table their vote to allow them more time to review the 80+ revisions to the UDO. A total of 30 people spoke during the Public Hearing. Of those, 24 people were strongly against the proposed changes indicating that the changes would remove many of the current UDO protections for the county and its citizens, while largely benefitting the solar developers. Only 6 spoke in favor of the changes.
The next meeting date to consider these changes has not been scheduled. We will notify on this website/facebook when they have set a next meeting date.
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A Public Hearing is coming up on Wednesday, March 16, 2022 at 6 PM. (Pulaski County Highway Garage).
COMMISSIONERS SEEKING TO ALLOW SOLAR DEVELOPMENT AS A PERMITTED USE ON AG-1 AND AG-2 ZONED GROUND
PULASKI COUNTY COMMISSIONERS APPROVED CHANGES TO THE UDO REGARDING SOLAR TO BE PRESENTED TO THE APC. (Commissioners Chuck Mellon and Mike McClure VOTED IN FAVOR. Commissioner Maurice Loehmer recused himself and did not vote).
IF the proposed UDO changes are approved, this would allow solar installations as a Permitted Use on all Ag-1 and Ag-2 zoned areas. As a permitted use, no public hearing would be required for approval and, therefore, NO PUBLIC INPUT. (READ MORE HERE)
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On January 10, 2022, the Pulaski County Commissioners and Council members approved ERA designations and tax abatements for Mammoth Solar and Moss Creek Solar despite arguments by opposition that the supporting impact study showing a substantial loss in jobs and loss in ag revenues as a result of the proposed solar projects was significantly flawed.
Also, Commissioners Chuck Mellon, Maurice Loehmer*, Mike McClure and Council President Ken Boswell signed the Mammoth Solar Economic Development Agreement (the “Agreement”), despite the Agreement being incomplete and missing several key exhibits. [Clink here to view the Agreement that was provided and represented as the final agreement.]
CONTINUE READING THE FULL PRESS RELEASE HERE.
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A Public Hearing is coming up on Monday, December 13th, 2021 at 7pm. Located at Pulaski County Highway Department Garage (1131 N. US 35 Winamac, IN). The solar companies are seeking tax abatements. According to the legal public notice, the County Council members adopted a preliminary resolution designating 10,825 acres of farmland as an Economic Recovery Area (ERA) for a period of 40 YEARS for the purpose of receiving property tax abatements. 100% of the proposed solar projects are planned in Beaver, Rich Grove, Jefferson, Franklin and Monroe townships. Will these townships receive any financial benefits? Please attend and speak up!!
For a copy of the Preliminary Resolution, map and description of the affected areas (click here).