Marshall County BZA to adopt Findings of Fact in Tamarack Solar denial

The Marshall County Board of Zoning Appeals will hold a special session on Tuesday, December 16th, to consider and adopt supplemental findings of fact in support of its denial of a solar farm application filed by Tamarack Solar Energy.

Background

On April 3, 2024, the Marshall County Board of Zoning Appeals received application 24-BZA-45 from Tamarack Solar Energy LLC of Chicago for the establishment of a farm-scale solar energy system. The proposal encompassed multiple properties totaling approximately 446 acres in the Culver area.

At the time of application, solar farms were a permitted use in agricultural zoning districts with a Special Use Variance.

Public Process

The application generated extensive public interest and engagement, resulting in three major public hearings that drew hundreds of attendees. Following the final public hearing on December 9, 2024, the Marshall County Board of Zoning Appeals voted to deny the application.

Legal Proceedings

In response to the denial, Tamarack Solar filed a lawsuit against the Marshall County BZA and requested a change of venue. The case was transferred to Allen County Superior Court under Judge Jennifer DeGroote.

Marshall County Attorney Sean Surris explained the current status: "The case was remanded back to the BZA for adoption of supplemental findings of fact in support of the denial of Tamarack's application. The BZA is holding a special business meeting Tuesday night at 7 to consider and adopt such findings."

The findings must be filed with the court by January 9th. Surrisi indicated that additional briefings or hearings will be scheduled following the submission of the findings.

Currently, no hearing date has been set in Allen County Superior Court.

Meeting Details

The special Board of Zoning Appeals meeting will be held on Tuesday, December 16th, at 7:00 p.m. in Room 203 of the Marshall County Building, located at 112 West Jefferson Street in Plymouth.

The meeting will be livestreamed on the Marshall County YouTube channel for public access.