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County attorney reports appeals on Scout Storage battery project and flood-zone house order
Summary
County attorney Jan Proctor updated the BZA that Scout Storage appealed and obtained a temporary restraining order allowing on-site work for a battery energy storage CUP; NKM Properties also appealed a decision about flood-zone house elevation and related enforcement actions.
Jan Proctor, speaking for the county attorney's office, updated the board on three appeals related to recent BZA decisions.
Proctor said the owners of the Scout Storage battery-energy-storage project appealed the board's determination that the conditional-use permit had expired as of July 20, 2025, and obtained a temporary restraining order that — at least temporarily — permits continued on-site work. "The board had upheld the zoning administrator's determination that the CUP for the battery energy storage system on Route 175 had expired as of 07/20/2025," Proctor said, and added the owners sought and received a restraining order from the circuit court.
Proctor also described appeals by NKM Properties concerning a house on Tall Pines Road that the zoning administrator found required elevation under the flood-zone ordinance. He said the board's procedural role is limited in these appeals (to being served and to filing responsive papers) and that the county attorney's office will handle filings and keep the board informed. Members asked clarifying questions about whether earlier permits or building permits would have changed the outcomes; Proctor confirmed that compliance earlier could have avoided the appeals process.
