Rainbow Trout Solar asks court to overturn BZA vote against 1,700-acre proposal

Companies behind proposed 120-megawatt proposal say a pivotal vote against the project was ‘without any rational basis.’ Case filed for a judicial review.

(Photo: Unsplash)

The companies behind a proposed 1,700-acre solar project in western Tippecanoe County, knocked down in August by a 4-3 Board of Zoning Appeals vote, this week filed to have a judge review the decision.

Attorneys for the Rainbow Trout Solar Project, a 120-megawatt venture from RWE Clean Energy and Geenex, argue in a filing Wednesday that the Board of Zoning Appeals “committed errors and abused its discretion” when it voted “without any rational basis” against a special zoning exception necessary for what would have been the county’s first utility-scale solar installation.

“The BZA improperly relied on speculation, conjecture and unsupported opinions founded on unreasonable and irrational animus towards Rainbow Trout rather than the actual testimony and evidence presented,” the companies argued in court documents filed in Tippecanoe Circuit Court.

As of Thursday afternoon, no court hearing had been set.

The move was received with frustration by neighbors who had spent months gathering data and arguments about why decisions on the Rainbow Trout project should have been held off until the county reviews its current zoning codes on utility-scale solar projects. A one-year moratorium passed in June by Tippecanoe County commissioners on large-scale solar projects didn’t include Rainbow Trout, which had applied for a special zoning exception weeks earlier.

That fight led to a hearing that covered more than six hours of public testimony before the BZA on Aug. 27.

“I don’t think that we thought this was coming, because I think we had faith in the process,” Nicole Duttlinger, among the neighbors who organized pushback on the project, said Thursday. “And I thought that when they got their ‘no,’ they would really evaluate and come back after the moratorium, instead of trying to appeal in a court of law. So, it’s an extremely disappointing to see, because it’s trying to wrest control away from the local community by a big, multi-million-dollar business.”

RWE Clean Energy issued this statement about where things stood with the legal filing and with plans at this point for Rainbow Trout Solar:

“RWE is fully committed to working collaboratively with county officials and community stakeholders. We remain open to dialogue about pathways that reflects the County’s development goals and the significant benefits Rainbow Trout Solar can deliver, including new tax revenue, support for family farms and more funding for essential services like schools, roads and public safety.

“We are pursuing an appeal and commencing with the judicial review process to protect our vested rights and ensure a fair, consistent permitting process. Our Rainbow Trout Solar application fully met – and in many respects, exceeded – the requirements outlined in the county ordinance and state law. Our commitment is not only to the integrity of regulatory frameworks, but also to ensuring all applicants receive equitable treatment under county ordinances.”