Wagoner County Commissioners have responded to a lawsuit and appeal by Persica Solar, LLC following the denial of a conditional permit for a proposed 5,000-acre solar farm near Porter.
In their response filed this week in Wagoner County District Court, the commissioners denied many of the claims and allegations made by Persica, a subsidiary of NextEra Energy.
Represented by attorneys with the Tulsa law firm of GableGotwals, the commissioners further stated Persica Solar “lacks standing to bring this lawsuit,” “fails to state a claim against the County upon which relief may be granted,” ” Plaintiff is not entitled to a conditional use permit” and “the decision of the County is valid and the proceeding was free from any prejudicial error, therefore, the decision must be affirmed.”
The commissioners also contended the county properly exercised its police power granted to protect the public and that the county’s denial was “not arbitrary or capricious.” They also claimed their decision was “administrative, legislative or political in nature, not judicial or quasi-judicial.” And the commissioners contended a conditional use is not a use permitted by right under the Zoning Code.
The Wagoner County commissioners voted 2-1 to deny the permit on June 16 and ten days later on June 26, Persica Solar filed its appeal in court.
Persica contended in its appeal that “The BOCC’s denial of Persica’s Application for Conditional Use Permit was
unfounded under the facts and circumstances and the Conditional Use Permit should be properly issued to Persica.”