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Appeals Court takes on legal battle concerning planned solar farm in Pender County


A legal battle over a proposed 2,300-acre solar farm in Pender County has reached North Carolina’s Court of Appeals. The solar company, Coastal Pine Solar, is asking the court to reverse a trial judge’s decision that sided with Pender County commissioners, who rejected the solar operation in 2022. Coastal Pine Solar argued that they met the burden to secure a county permit and accused the county of stepping outside of its role in assessing the permit application.

On the other side, Pender County, supported by the North Carolina Farm Bureau Federation, pointed to evidence from neighboring property owners that the proposed solar farm would lead to flooding and other adverse impacts. The Farm Bureau emphasized the importance of protecting farmland and raised concerns about the implications of reversing the county’s decision.

Coastal Pine Solar argued that the county’s decision was based on lay opinions and generalized fears rather than competent evidence. The company cited previous court decisions supporting their arguments and emphasized their entitlement to a permit based on substantial evidence. Pender County countered by highlighting the lack of design evidence in the solar farm’s application and the concerns raised by local landowners regarding the project’s impact.

The Court of Appeals judges are now tasked with evaluating the arguments presented by both sides in this ongoing legal dispute. There is no set deadline for when a decision will be issued in this case.

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Photo credit www.carolinajournal.com

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