Weeks after McHenry County was sued for turning down a pair of solar farms in December, two more solar developers who were denied that night also have filed lawsuits against the county.
Arena Topaz Solar LLC and Crystal Lake Solar LLC filed separate lawsuits against the county in McHenry County court this month, records show.
The developers were among four rejected by the McHenry County Board in December, with only one of five solar farms on the agenda that evening getting the nod. The developers of the four farms that the board denied have now all filed suit over the denials.
Arena Topaz Solar had proposed a solar farm off Gracy Road near McHenry. The County Board voted that down, 9-8. The board did not discuss the plan ahead of the vote, which the lawsuit mentions.
The legal filing contends the County Board minutes don’t suggest a reason for turning down the solar farm. The lawsuit asks for the courts to reverse the county’s denial and issue permits for farms, as well as attorney fees and plaintiff costs.
Crystal Lake Solar LLC, which had proposed a farm off Route 176 near Crystal Lake, filed a separate lawsuit. The County Board turned down that farm in an 11-6 vote.
That proposal also had a zoning change, and the board discussed whether Nunda Township, where the farm was located, had filed a formal objection.
County officials said at the time they weren’t able to confirm immediately if Nunda Township had formally filed an objection. If the township had done so, the proposal would have needed a three-fourths County Board supermajority to pass.
County Board member Mike Shorten, also the Nunda Township supervisor, said at the time that because it involved a zoning change, it fell outside the state solar law.
The lawsuit argues the county didn’t provide written findings or conclusions to back up the decision. The suit contends the denial went against the county’s zoning ordinance and state law, “and it was arbitrary and capricious.”
The lawsuit asks for the courts to reverse the county’s decision and approve the zoning change, the solar farm permit and building permits and approve anything needed to complete the project. It also asks for plaintiff’s fees.
The county was sued last month for denying a permit for a Pebble Solar LLC solar farm near McHenry and a Water Locust LLC solar farm near Johnsburg. The same parent company, Cultivate Power LLC, is behind the two farms, which share a lawsuit.
Many Johnsburg-area residents were strongly opposed to the Water Locust proposal, and one of the residents, Renee Weigert, said she was speaking on behalf of the “vast majority” of residents in Johnsburg and surrounding areas.
Weigert said she had commended the board in December for turning down the farm and said it showed leadership and a willingness to act on protecting the community.
But she recognized there was pending litigation over the denial.
“It was not unexpected,” she said of the lawsuit, adding that any attorney representing their client would do that, and it’s part of the process. But she said litigation isn’t something to be feared.
Weigert said the lawsuit was a chance for the county to prove why putting a large solar farm in what she said was a wrong location could have negative consequences for people nearby.
She said laws are important, but laws are written by people who aren’t perfect.
“Illinois claims to protect clean water, public safety, wildlife and farmland. Yet state mandates push counties to approve projects that put all of that at risk. That is clear contradiction,” Weigert said.
The Arena Topaz lawsuit is due in court June 9, and the Crystal Lake Solar lawsuit is due in court June 10.
The county has previously been sued for restrictions placed on solar farms that developers said were stricter than state law. The lawsuit was dropped in early 2024 after the county walked back the restrictions.