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Henderson County authorizes filing of declaratory judgment in dispute with solar company
Summary
After an executive session, the Fiscal Court authorized filing for a declaratory judgment in litigation with a solar company over permit application and ordinance/moratorium interpretation; County Attorney advised the action to clarify rights and limit further litigation.
Following an approximately 12-minute executive session, County Judge/Executive Brad Schneider and County Attorney Steve Gold reported that Henderson County is engaged in litigation with a solar company regarding a disagreement over a permit and the application of current ordinances and moratoriums.
Gold explained that Kentucky law offers a Declaratory Judgment Act that allows a court petition to resolve legal controversies and clarify the parties’ rights and obligations, and that the county’s retained attorney specializing in green-energy litigation recommended filing a declaratory judgment petition in this matter. A special circuit judge could be appointed for the proceeding.
Magistrate Southard moved to authorize filing for a declaratory judgment and to authorize the county not to object to appointment of a special circuit judge; Magistrate Puttman seconded and the motion carried on a unanimous voice vote.
The authorization directs county legal staff to proceed with the declaratory judgment petition in the solar-permit dispute; no court filing text or timelines were provided in the public minutes. Judge Schneider reiterated the county’s intent to follow the law in green energy matters.
