The Ohio Supreme Court heard arguments Tuesday on a case involving a proposed solar farm in Pickaway County, the latest of several cases involving solar farms that have come before the court.
This time, Circleville Solar wants to build the project on 1,289 acres in Jackson Township northwest of Circleville.
The issue at hand: Did a state board's decision to deny the project violate state law because the reason for the denial was local opposition to the project?
In 2024, the Ohio Power Siting Board rejected a construction permit for the farm. The board said that there was consistent local opposition to the project, including from Jackson Township trustees and Pickaway County commissioners.
The Northeast Ohio Public Energy Council agreed to purchase the power the farm would generate. The council provides power to 240 communities.
The council's lawyer, James F. Lang, said the siting board's standard should be what's in the best interest of the state.
Circleville Solar argued that the project met all the technical requirements. It secured the rights of landowners to develop the agricultural property and that the solar farm structures are planned to sit farther back from neighboring residences than required by siting board rules.
It said 98% of the facility is more than 1,000 feet from the nearest road.
"Ultimately, that entire process is meaningless if it all goes away simply because, as was the case here, the local government decides that it does not support the project," Circleville solar lawyer Ryan Richardson argued to the court.
A lawyer for Jackson Township, Jack Van Kley, argued the local opinion and evidence is relevant, citing case law.
"Local interests can be considered by an agency in determining what's in the public interest," Van Kley said.
For the state siting board, Assistant Attorney General Robert Eubanks said the board's focus is not whether the site is the right location for the project but whether the solar farm serves the public interest.
"And to do that the board has to look at the benefits of the project, but also the impacts, including local government opposition," Eubanks said.
"What the appellants want in this case is for the impacts to be ignored, for local government opposition to be ignored," Eubanks said.
The court will decide the issue at a later date.
It's the latest solar farm case that has come before the court. In October, the court heard arguments on the Oak Run Solar project in Madison County.
That project would be Ohio's largest solar facility. The siting board approved that project in March.
In May, the Ohio Supreme Court approved the Harvey Solar Project in Licking County.
