The civil case between Dogwood Corners, LLC and Christian County Fiscal Court has been dismissed following a ruling from Circuit Judge John Atkins recently.
The matter had been before the court as Oriden, the company overseeing the proposed solar panel project in northern Christian County in the Dogwood community, looked to have an ordinance that had been passed by the Fiscal Court that greatly limited the project, and other solar projects in the county.
Lawyers for Oriden had argued that the ordinance had not followed the proper procedures for a zoning ordinance, while the county had contended that it was never meant to be a zoning ordinance, and therefore did not have to undergo the same procedures.
Since the matter was first brought to court however, Christian Fiscal Court repealed that ordinance and passed a new one in November more in line with the state’s policies on such projects. In light of that action, the judge filed a memorandum order dismissing the case from civil court.
The memorandum states that the repeal of the original ordinance obviates the controversy cited as the basis for the declaratory judge action and requires dismissing.
Oriden can still pursue development in Christian County, but would need to abide by the regulations set forth in the new ordinance.
The Public Service Commission will be hosting a public hearing on the solar panel project on Monday at the Christian County Courthouse.