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County attorney says judge granted preliminary injunction in Scout Storage battery project case
Summary
County attorney briefed the BZA that a Northampton County judge issued a preliminary injunction preventing the county from denying a building permit for the Jupiter Scout battery energy storage project despite an expired conditional use permit; a stop-work order and subsequent filings leave construction proceeding under the court order while the BZA will hear an appeal next month.
Deputy County Administrator Lee Pam and the county attorney briefed the board on a recent circuit‑court ruling involving the Jupiter Scout (Scout Storage) battery energy storage project on Route 175. The county had determined a conditional use permit (CUP) expired because the project had not commenced construction or use within the CUP’s three-year window; Scout Storage appealed that zoning determination to the board. While the appeal was pending, Scout filed for a preliminary injunction; the judge granted the injunction and found the equities favored the plaintiff, ruling the county could not deny a building permit on the basis that the CUP had expired.
The county attorney explained the practical effect: Scout may receive a building permit and continue work unless separate building-code enforcement actions are applicable. County staff issued stop-work orders (land-disturbing and later building) and the company sought relief; the judge’s order limited the county’s ability to deny the building permit based on the zoning finding. The county said the matter will return to the BZA next month as Scout appeals the zoning-administrator determination; the board was warned this case is legally complex and may proceed while construction continues under the court’s injunction.
