by Jackie Nunnery
LANCASTER—Citing an “arbitrary, capricious and unlawful” decision by the Lancaster board of supervisors, Washington, D.C.-based Consumer Power Group (CPG) filed a complaint in Lancaster County Circuit Court on Monday, March 28, regarding a denial of a special exception request to develop a 3-megawatt, 25-acre solar facility off of Mary Ball Road (Route 3) in Lancaster.
In the complaint, CPG cited an October 28, 2021, special exception approval of the 131-megawatt Waller Solar Project, partially located off of Mary Ball Road, roughly five miles from the CPG proposed Mary Ball project. Both projects submitted special exception applications after the new solar ordinance went into effect July 1, 2021. Waller developer Open Road Renewables applied July 1, 2021, and CPG filed an application August 10, 2021.
At the time the ordinance went into effect and both developers applied for the special exception request on behalf of the property owners, the setback from public roads was….
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