Judge Jennifer Degroote from Allen Superior Court ruled on Tamarack Solar’s appeal of the Marshall County Board of Zoning Appeals on Wednesday, September 30th.
In her conclusion, she stated:
Tamarack failed to preserve its issues of ex parte communication, bias, and alleged violations of due process by not raising these issues first with the BZA and then subsequently by not including these in Tamarack's specific allegations of illegality in its Petition for Judicial Review. Even if Tamarack had not waived these issues, the Court would still deny the Petition for Judicial Review on the claims for the reasons set forth above.
Furthermore, the Court finds Tamarack failed to meet its burden of proving it satisfied all of the special discretionary use criteria as a matter of law. The evidence in the Board Record does not lead to the undisputed conclusion that Tamarack was absolutely entitled to the approval of its discretionary special use. Tamarack failed to overcome the presumption that the BZA's decision is correct and unbiased. The BZA's decision to deny the special use application was reasonable, supported by substantial evidence in the Board Record, and not arbitrary, capricious, or an abuse of discretion. For these reasons, Tamarack's request to reverse the BZA's decision and require the BZA to approve the Application is denied.
It is therefore ordered and decreed that: Tamarack Solar Energy, LLC's Petition for Judicial Review is DENIED, and the decision of the Marshall County Board of Zoning Appeals denying Special Exception Use Application, Number 24-BZA-45 is hereby affirmed.
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