- PRESS RELEASE -

Mammoth Solar’s Application for Special Exception Reversed by Judge Hall
On August 24, 2021, Judge Kim Hall, serving as special judge for the Pulaski Superior Court, issued a decision (the “Decision”) reversing the Pulaski County Board of Zoning Appeals’ approval of Mammoth Solar’s application for special exception (the “Application”).  A copy of the Decision is enclosed with this Press Release (Click here to see the decision).  The Application sought approval for Phase I of a large commercial solar development spanning more than 4,500 acres of agricultural farmland.  Several neighboring property owners initiated a judicial review proceeding before Judge Hall in an effort that successfully reversed the BZA’s approval of the Application.  

Key to the Judge’s decision was Mammoth Solar’s failure to comply with the application requirements of the Uniform Development Ordinance (“UDO”).  The application requirements of the UDO are in place to assure that any development and production of solar-generated electricity in Pulaski County is safe and effective, and the UDO has substantial requirements in place. Further, a complete application is required before the BZA can take any action on the Application, including the holding of any public hearing.  As the Judge noted, “[o]bviously, everyone would want full disclosure of all the solar project details required by the UDO to promote an open and informed debate as to the impact of a solar project over 4,511 acres, and whether the project would be safe for the community.”  The Judge further found that Mammoth Solar’s failure to comply with the minimum application requirements was undisputed, with Mammoth Solar stating that some of the required information would be provided later, after approval, perhaps during the “design phase.”  Among the omitted requirements was a fire and safety plan. 

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.  As a result, Judge Hall reversed the approval of the Application, and remanded the matter back to the BZA.  Only after a complete application is provided by Mammoth Solar, can the matter proceed to public hearing. 

The Petitioners are pleased with the Court’s ruling, 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.  Mammoth Solar and/or the BZA have the right to appeal the Decision to the Indiana Court of Appeals.