Attorney Steven Becker filed his formal objection during the public comments section of the Will County Planning & Zoning Commission hearing on the Earthrise Pride of the Prairie solar development on March 30. (Photo by Andrea Arens)
Attorney Steven Becker filed his formal objection during the public comments section of the Will County Planning & Zoning Commission hearing on the Earthrise Pride of the Prairie solar development on March 30. (Photo by Andrea Arens)

Residents Sue Will County over Handling of Solar Farm Hearing

Attorney Steven Becker filed his formal objection during the public comments section of the Will County Planning & Zoning Commission hearing on the Earthrise Pride of the Prairie solar development on March 30. (Photo by Andrea Arens)
Attorney Steven Becker filed his formal objection during the public comments section of the Will County Planning & Zoning Commission hearing on the Earthrise Pride of the Prairie solar development on March 30. (Photo by Andrea Arens)

By Andrea Arens

A group of Will County residents has filed a lawsuit against the county, alleging officials violated their legal rights during a public hearing on a proposed 6,099-acre solar energy project.

The complaint, filed April 7 in Will County Circuit Court, seeks declaratory judgment and injunctive relief related to the county’s handling of a March 30 public hearing before the Planning and Zoning Commission.

The lawsuit names Will County as the defendant and is brought by multiple property owners who live adjacent to land included in the Earthrise Pride of the Prairie proposed solar development.

The project, submitted by Lincoln Solar Energy, LLC, would span approximately 6,099 acres across Green Garden, Manhattan, and Wilton townships. According to the filing, it would be the largest industrial solar facility in Illinois if approved.

Plaintiffs argue they were denied the opportunity to cross-examine witnesses and present evidence during the evidentiary portion of the public hearing—rights they claim are guaranteed under Illinois law, county ordinance, and state Supreme Court precedent.

According to the complaint, attorneys representing the residents were informed prior to the hearing that cross-examination would not be permitted and that questions could be asked only during a five-minute public comment period.

During the hearing, counsel for the plaintiffs formally objected on the record, arguing that the restriction violated due process protections.

The lawsuit cites Illinois statute 55 ILCS 5/5-12020(c), which states that interested parties in special use permit hearings must be allowed to present evidence and cross-examine witnesses, subject to reasonable limitations.

It also references Will County’s own zoning ordinance and a 2002 Illinois Supreme Court decision affirming those rights for adjacent landowners.

Plaintiffs contend that by limiting participation to public comment, the county deprived them of a meaningful opportunity to challenge the project, which they say could negatively impact property values, farmland, environmental conditions, and quality of life.

The complaint further alleges that individuals who spoke during the first day of the hearing were prohibited from asking additional questions when the hearing continued on March 31.

As relief, the plaintiffs are asking the court to declare that their rights were violated and to invalidate prior proceedings related to the application.

They are also seeking to halt any further action on the proposal — including a pending April 16 County Board vote — until a new hearing is conducted that allows cross-examination and the presentation of evidence.

The case centers on Zoning Case No. ZC-25-129, which remains under consideration by county officials.

Will County has not yet filed a response to the lawsuit.

Andrea Arens is a freelance reporter.

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