By Nick Reiher

The May 12 hearing on the 6,100-acre Pride of the Prairie Solar Farm plan before the Will County Planning and Zoning Commission will have a different look.

Associate Judge Victoria Breslan ordered the commission to allow cross-examination by the public, a practice not allowed previously by the commission. The parties — James B. Burke, et. al. and Lincoln Solar Energy — agreed to the terms at an April 24 status hearing before Breslan.

Her order also noted the parties agreed the new hearing would last no more than three hours. That hearing is scheduled for 5:30 p.m. Tuesday, May 12, at the Renaissance Center, 214 N. Ottawa St., Joliet. Doors open at 4:30 p.m.

On April 15, Breslan had issued a temporary restraining order at the request of attorney Steven Becker on behalf of Burke and residents of Green Garden Township, who said Will County denied due process because they were not allowed to cross-examine developers of the solar plan.

She concluded this format fell short of constitutional due process protections.

“Cross-examination serves a distinct function that cannot be replaced by general public comment,” her April 14 order stated, emphasizing that the ability to test testimony and challenge evidence is essential in quasi-judicial zoning hearings.

The court relied heavily on the Illinois Supreme Court’s decision in Klaeren v. Village of Lisle, which established that interested parties in special use cases have the right to cross-examine witnesses.

In granting the TRO, the court found that plaintiffs would suffer irreparable harm without intervention—specifically, the loss of the ability to build a complete evidentiary record.

Once a hearing proceeds without cross-examination, the judge noted, the damage cannot be undone.

“That loss cannot be remedied through monetary damages or after-the-fact review,” the order states.

By agreement of the parties, the court modified the Temporary Restraining Order as follows:

Lincoln Solar Energy, LLC shall produce the following witnesses for cross-examination by Plaintiffs’ counsel at the remanded hearing:

i. Graham McFall (or a substitute witness) to testify regarding issues related to water resources, such as wetlands.
ii. A witness to testify about the expected power capacity of the proposed commercial solar energy facility.
iii. A witness to testify regarding the site plan, including the number and placement of modules
iv. Rob Kalbouss or the current lead developer of ‘the proposed commercial solar energy facility.
v. Joseph Horn (or a substitute witness) to testify regarding anticipated construction practices for the proposed commercial solar energy facility.

b. The parties agree that one witness may be presented to testify on one or more of the topics listed in paragraph 3(a),

c The parties agree that Lincoln Solar Energy, LLC does not have to produce witnesses on any other topics, including but not limited to property values (witness Andrew Lines), economic impact (witness Dr, Gilbert Michaud) landscaping and vegetative maintenance (witness Chris Wilson), potential public health concerns (witness Dr. Christopher Ollson), the sound study or the glare study (witnesses from Kimley Horn).

d. The parties agree that the PZC typically holds meetings for no longer than four hours, and the remanded hearing is limited to one session with the PZC lasting no more than three hours.

Breslan’s order also limited testimony and cross-examination at the May 12 hearing to the plaintiffs and the developer. No new outside testimony or comment would be allowed. The Planning and Zoning Commission scheduled its regular hearing on May 5 to handle all other business.

Farmers Weekly Review reached out to Becker for comment, but he did not respond before the print deadline on

The commission in March had voted 4-2 to reject the Pride of the Prairie plan, and the County Board’s Land Use Committee also voted to recommend denial to the full County Board.

Because of her Breslan’s initial TRO, the County Board had to postpone its vote on the Earthrise Energy’s Pride of the Prairie plan at its April 16 meeting. The plan is the largest yet considered by the county, encompassing more than 90 parcels in Green Garden, Manhattan and Wilton townships.

The board approved seven solar farm plans at that meeting, including Earthrise’s 2,400-acre Plum Valley solar farm and six they had previously denied in 2024 and 2025.

Associate Judge Ben Braun on April 8 ruled the county did not have the authority under state regulations approved in 2023 to reject those plans.

County Board Speaker Joe VanDuyne, D-Wilmington, said the county is working with Earthrise representatives on what happens after the commission votes at the May 12 special hearing. Breslan ordered the county to address the issue within 30 days of the commission hearing.

One plan has the project going to to the board’s Executive Committee — composed of board leadership and committee chairs — instead of another vote before the board’s Land Use Committee. It would then go to the full County Board at its May 21 meeting.

While residents could comment at those meetings, neither is a formal hearing like those at the Planning and Zoning Commission.

County officials have said their hands are tied by the state law passed in 2023 that takes away most oversight concerning solar farm plans from counties. One legislator familiar with the law said it stemmed from a downstate county that rejected all solar farm applications outright.

By contrast, since solar projects began appearing in Will County in earnest, 84 applications have been submitted. Of those, 17 were withdrawn, often after developers failed to secure state subsidies. The County Board has approved 57 projects and denied 10.

Nick Reiher is editor of Farmers Weekly Review. Freelance reporter Andrea Arens contributed to this story.