In late November 2022, following months of meetings and debate, magistrates of Christian County Fiscal Court codified an ordinance governing solar energy systems by setting a 2,000-foot variance from a long list of property types in the community.
This included boundary lines of all adjacent properties, residences and existing structures at the time of any construction, schools, churches, hospitals, nursing facilities, right-of-ways for rail and road, and cemeteries. And it was in direct response to Oriden’s efforts — through Dogwood Corners LLC — to create a massive solar farm in north Christian County.
Now, it seems, this contentious topic isn’t finished.
On December 22, 2022, just three weeks after fiscal court’s efforts, plaintiff Dogwood Corners and its attorney, Lexington’s M. Todd Osterloh, filed for civil action in Christian County Circuit Court — calling the purported ordinance “unreasonable, arbitrary and oppressive” for a number of reasons.
In Count I, officials with Oriden and Dogwood Corners LLC claim the ordinance is “invalid,” because the procedures required by KRS 67.080 and KRS Chapter 100 were allegedly “not followed.”
In Count II, there is a claim the ordinance is “capricious” in nature, because there is “no rational connection” between action and purpose of authorizing legislation, and because Christian County does not have “similar land use restrictions for similar land uses.” Furthermore, the suit claims the ordinance should be invalid and have no legal effect because it’s in violation of Section 2 of the Kentucky Constitution.
Per pertinent facts, Christian County’s planning commission, Community & Development Services, did not hold a public hearing on the ordinance — though was expected to by law. As such, CDS didn’t make a recommendation to the fiscal court about the proposal. Fiscal court also doesn’t have a board of adjustments, pursuant to KRS. And that Christian County “does not regulate any other component of land use” for similar types of facilities.
The suit also seeks a speedy hearing and all other equitable or legal relief to which the company is entitled.
This notice has been given to Christian County Fiscal Court and its law counsel, Harold Mac Johns of Elkton, Lindsay Tate Porter of Bowling Green and County Attorney Lincoln Foster.
A subsidiary of Mitsubishi, Oriden and Dogwood Corners; plans were originally in place for a $220-million, 550-acre, 175-megawatt solar farm. But its potential creation, and original agreement within the fiscal court body, caused a massive stir in the region.