Tamarack Solar appeals court ruling upholding Marshall County BZA decision

Marshall County officials are preparing for an appeals process that could extend into next summer, after Tamarack Solar filed a notice of appeal challenging a court ruling that upheld the county's rejection of an industrial solar farm project in Burr Oak.

County Attorney Sean Surrisi provided an update on the matter to the commissioners during their meeting on Monday.

The dispute dates back to a decision by the Marshall County Board of Zoning Appeals (BZA) to reject Tamarack Solar's special use request for the Burr Oak project. At the end of September, the county received an order from the court in Fort Wayne affirming that the BZA's rejection was proper.

Tamarack was given 30 days to appeal against the court's decision. On October 29th, Marshall County received the notice of appeal that Tamarack Solar filed within that window.

The court has requested that transcripts be prepared of the final hearing and one of the underlying hearings. The court reporter has been given 45 days to prepare the transcripts, which would be around mid-December.

Once the transcripts are completed, the briefing schedule will proceed. Tamarack Solar will have 30 days to file its appellant brief.  The Marshall County BZA will then have 30 days to file its response brief.  After the BZA brief is filed, Tamarack will have an additional 15 days to file a reply.

Surrisi estimated that, barring any requests for additional time, briefing would conclude around March.

Following the completion of briefing, the Court of Appeals will consider the case. Surrisi noted that Indiana has one of the fastest Courts of Appeals in the country in terms of turnaround time from final briefing to decision.  "The average is two and a half to three months they take to cite a case," Surrisi said.

Based on that timeline, Surrisi indicated that a decision on the appeal would likely come sometime next summer.

Despite the extended legal process, the county attorney expressed confidence in the strength of the county's case.

"I still feel very confident that we are in a strong position, particularly after the judge's very thorough order denying Tamarack's request," Surrisi said.

The judge's detailed ruling in the lower court proceeding, which affirmed the BZA's authority to reject the special use request, forms the foundation of the county's position as the case moves to the appellate level.