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Denton delays quasi-judicial hearing on proposed solar farm after crowding and notice concerns

Town of Denton Board of Commissioners · February 4, 2025
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Summary

Faced with an overcrowded town hall and disputes about who received legal notice, the Denton board postponed a quasi-judicial public hearing on a proposed solar farm and scheduled a new hearing and informal community session to clarify standing and evidence rules.

The Denton Board of Commissioners voted to postpone a quasi‑judicial public hearing on a proposed solar farm after residents and commissioners said the meeting room was too crowded for everyone to hear and for adjoining landowners to participate.

"We postpone the public hearing tonight due to the crowd we have here," Commissioner (S2) said when moving to delay the hearing. The motion was seconded and approved by the board.

Town counsel (S3) told attendees that a quasi‑judicial hearing requires commissioners to act like a judge: they may consider only competent evidence presented by parties with standing and will make findings of fact based on that evidence. "It's very much like a court case in that only certain people are allowed to present evidence and testify," the town attorney said, adding that standing will be determined at the start of the hearing and that representatives of corporations or incorporated entities typically speak for the registered party rather than a group of shareholders.

Several residents said they had not received clear notice. "We are stockholders. We own the property," said a resident (S4) who identified herself as a member of the swim club that owns adjoining property; she argued that many stockholders had not gotten mailings and therefore lacked an opportunity to prepare or secure legal counsel.

A project representative (S13) told the board the company would arrange informal informational sessions for the community and said staff would work with the town to publicize a meeting. "We're more than happy to do that kind of informal meeting and have all of our experts here," the representative said, offering to meet with neighbors in mid‑March.

The board agreed to reschedule the evidentiary hearing; the mayor (S1) announced the hearing will take place at 6 p.m. on March 18 at the Southern Events Center. The town attorney said at the rescheduled hearing there will be a standing determination at the outset to decide who may present evidence and cross‑examine witnesses.

Next steps: the project team will coordinate an informal public meeting in mid‑March, and the March 18 quasi‑judicial hearing will open with a standing determination followed by testimony only from those determined to have standing.