Wrong decision! Howard County Circuit Court Judge Lynn Murray either cannot read plain English language or someone got to her when she approved the ENGIE Emerald Green Solar project for eastern Howard County. This project will take 1,800 acres of prime agriculture land — some of the best and richest in the world — and put it under solar panels for decades.
Murray’s decision flies in the face of crystal clear language in the county zoning ordinance itself. Under the Agriculture (AG) District section, the Board of Zoning Appeals is directly addressed. The language states , “Board of Zoning Appeals: allow a special exception use (which specifically includes “power generation facility”) only when it is clearly a benefit to the adjacent properties”. How is that in this instance?
Further, under 7.08 Special Exception language states, “…. will not permanently injure other property or uses in the same district and vicinity….”.
How Murray concluded all of this language, which is very clear, can be violated is seriously in question. A grade school student would understand what is meant by “clearly benefit” and “will not permanently injure”; words in the zoning ordinance.
It is obvious to me that someone got to the Board of Zoning Appeals when they approved the ENGIE Emerald project in the first place. Even Board membership was manipulated. Their approval, too, was in direct contradiction of zoning ordinance language. Did someone get to them, too? I think so. Money talks.
No reasonable person could conclude that adjacent properties will “benefit” and that they will not suffer permanent injury. But, Judge Murray did exactly that. She and the Board of Zoning Appeals should be ashamed of themselves.
It is my hope that the property owners who took this case to court will continue on to the Court of Appeals. Maybe there they will find judges who can read. If Murray’s ruling stands, it becomes even worse given there is another solar project of 1,700 acres right behind it. Again, hundreds of acres of prime agriculture land will be taken out of production for decades and, frankly, probably ruined for much longer.
This is, indeed, solar insanity.