Two days ahead of the Douglas County Commission’s vote on updated plans related to a massive solar farm proposed to be built north of Lawrence, plaintiffs in a lawsuit are asking the court to stop the vote.
Grant Township, the North Lawrence Improvement Association and more than a dozen other plaintiffs filed a lawsuit in May seeking to halt progress of the Kansas Sky Energy Center.
The commission had given unanimous approval to a conditional use permit for the project in April after multiple hourslong meetings filled with divided public comment. It is a 159-megawatt solar energy project planned for 1,105 acres in Grant Township. If completed, the facility is expected to generate enough electricity to power about 30,000 homes annually.
On Wednesday, commissioners are set to consider approving updated stormwater management and agrivoltaics plans for the solar farm.
In court documents, plaintiffs allege that the county commission approved the conditional use permit in April despite it conflicting with numerous other county documents, including the comprehensive plan and solar regulations.
They call the solar farm a “pet project” of Commissioner Karen Willey and accuse her of taking improper behind-the-scenes actions to push the project forward. They also allege that the commission violated the rights of nearby property owners, among other concerns.
In its answer, the county denied the allegations and disputed the lawsuit’s characterizations of Willey’s statements and actions.
The county also had the case removed from Douglas County District Court to federal court, but plaintiffs pushed back and the case was remanded.
In the motion for a temporary restraining order, filed Monday, the plaintiffs allege that “At every turn in this litigation,” including in removing the case to federal court, “Defendant has attempted to procedurally obstruct Plaintiffs’ case for no other apparent purpose than to deprive Plaintiffs of a hearing on the merits and meaningful redress of Plaintiffs’ statutory right to judicial review as citizens of Douglas County and the City of Lawrence.”
They allege that alongside those delays, the county has simultaneously accelerated a push to finalize the conditional use permit for the solar farm.
“Upon information and belief and based upon Defendant and Commissioners’ conduct to date, Defendant and its Commissioners have been continuing to meet and advise Evergy/Savion behind closed doors on how to paper-up documents as necessary to obtain the Commissioners’ public approval,” the motion alleges.
Wednesday’s commission meeting will be the last before the commission expands to five members. Two new commissioners will join the board next month after being elected in November.
That has been another point of contention for project opponents, many of whom have expressed that they feel the commission doesn’t represent the interests of rural Douglas County residents. It’s also a point of concern mentioned in the plaintiffs’ motion, which alleges the current commissioners are “thereby disenfranchising the new Commissioners and the voters who voted for them.”
The court has to consider whether the plaintiffs are ultimately likely to succeed in their lawsuit. “Plaintiffs believe discovery will expose more backroom dealing and conflicts that makes (the solar farm’s) approval unreasonable,” the motion states.
If the judge grants the plaintiffs’ motion, it would create a 14-day pause, “which provides time for the parties to adequately brief an issue and obtain a reasoned ruling on the merits from the Court,” according to the motion.
During the Dec. 11 commission meeting, County Administrator Sarah Plinsky said the next meeting after Wednesday’s would be Jan. 15, which will be after the two new commissioners are sworn in.
A hearing on the motion for an emergency restraining order is set for 3:30 p.m. Tuesday, Dec. 17 in Douglas County District Court. There is currently another status hearing in the case set for 9:30 a.m. Friday, Jan. 10.
The Douglas County Commission meeting will begin at 5:30 p.m. Wednesday, Dec. 18 at the Public Works/Zoning and Codes Building, 3755 E. 25th St., and will also be available via Zoom. The Zoom link is available via the county’s website, dgcoks.gov. Read more about the meeting at this link.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
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August Rudisell / The Lawrence TimesGroup suing Douglas County Commission over planned solar farm seeks emergency order to stop vote
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August Rudisell / The Lawrence TimesGroup suing Douglas County Commission over planned solar farm seeks emergency order to stop vote
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