(La Porte County, IN) - A company is going to court over its plans for a solar farm being rejected by the La Porte County Board of Zoning Appeals last month.

 

In its lawsuit, Hoosier Solar says the plans met all of the requirements but the BZA failed to list its reasons for turning down its request for a special exception to the current agricultural zoning by a 3 to 2 vote.

 

The company also argues the process was biased from having a board member and a county commissioner reveal their opposition to the plans before the vote.

 

In the lawsuit, Hoosier Solar said there was reason to believe BZA member Jeff Baltes has funded and participated in the distribution of signage opposing solar projects across the county.  The lawsuit claims Baltes had a sign posted at his home reading “No Industrial Solar Plants on Farmland” as recently as April 23.

 

The commissioners replaced Baltes with Lefeber as an alternate member of the BZA appointed to strictly vote on the special exception request.  But, the lawsuit alleges Lefeber attended a BZA meeting in May to speak against the request he was now empowered to vote on, a violation of state law that requires a neutral and unbiased fact finder in BZA –quasi-judicial proceedings.

 

The lawsuit also points to publicly made remarks from Holifield like one that describes Hoosier Solar as “outside carpet baggers” wanting a solar farm only to possibly obtain a federal tax credit, statements the company called false and disparaging to again try and illustrate how the process was not impartial and fair as required.   

 

The lawsuit is asking the court to order the BZA to approve the plans.

 

The proposed solar farm would be on about 300 acres of farmland in the eastern part of the county near the St. Joseph County line.

 

In response, Holifield said the best location for the solar farm is the mostly secluded Kingsbury Industrial Park.  He also defended his prior remarks against solar farms on farmland, saying he has a right to freedom of speech.

 

“I got my opinions, too, and we’re not allowed to have opinions?  I will stand and I will testify. I’ll do whatever I have to do to prevent this from happening,” he said.