Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Energy Project topic
No spam. Unsubscribe anytime.
Madison County opposes Sloopy Solar project and authorizes intervenor filing amid debate over counsel
Summary
Madison County commissioners voted March 3 to oppose the Sloopy Solar Project and authorize filing to intervene before the state power siting board. Commissioners debated whether the clerk or county counsel must file and whether the county should retain outside counsel; county counsel agreed to file initial paperwork to meet the deadline but said he could not provide long-term representation without further engagement.
Madison County commissioners on March 3 adopted a resolution opposing the Sloopy Solar Project and authorized the county to petition to be an intervenor before the state power siting board.
The vote followed an extended discussion over who should file the intervenor paperwork. One commissioner said the version of the resolution that directed the clerk to file was incorrect because the power siting process is quasi-judicial and requires an attorney to file and act as counsel of record. County prosecutor Nick Atkins told the board he could "get the paperwork filed so you meet the deadline, but I'm not going to be able to represent you going forward because I don't know the process," and urged the board to consider whether to engage outside counsel for ongoing representation.
Commissioners discussed practical options: filing the initial petition to ensure the county meets the statutory deadline, leaving the clerk off the filing and listing counsel instead, and allowing nearby townships or Clark County to pursue joint or parallel filings. Board members noted that intervenor status permits calling witnesses, cross-examining other parties and submitting evidence beyond the record of public comment, which gives greater participation rights than simply filing a public comment or letter of opposition.
Board members asked staff to revise the resolution language to replace references to the clerk filing with counsel and to authorize counsel to file initial documents to preserve the county's rights while the board decides whether to commit to ongoing legal representation or to retain outside counsel. Commissioners recorded a roll-call approval for the revised measure.
The board discussed timing: staff referenced a March 10 filing deadline (previously read as March 9 in some notices) and emphasized acting to meet the deadline if the county wished to pursue intervenor status. Several local trustees and at least one neighboring county were reported to be considering similar actions; the county said townships could instead submit public comments or, if they choose to intervene, would need their own counsel to be fully engaged in the adjudicative process.
Next steps: the county will update the resolution language to name counsel rather than the clerk for the filing and have counsel submit initial paperwork before the statutory deadline while the board considers future representation.
