ArentFox Schiff Secures Landmark Appellate Victory for Illinois Solar Energy Developers

ArentFox Schiff secured a significant victory for Equity Solar Illinois in a permitting dispute between the solar energy developer and Grundy County, Illinois, resulting in the state’s first appellate ruling that Illinois counties must issue siting permits to solar facilities that meet certain state standards.

The Third District Appellate Court held that Grundy County is required to grant special use permits to two solar energy projects that met the state’s official framework (Solar Amendments), established in 2023, for commercial wind and solar energy developers to obtain local siting permits. 

In 2023, Equity Solar Illinois submitted special use permit applications to construct two solar farms in Grundy County. Although the applications met the Solar Amendments’ requirements, the county board denied the permits based on traditional zoning and siting considerations. In 2024, ArentFox Schiff challenged the denial on the grounds that the county had a nondiscretionary duty to issue the permits. The circuit court granted the judgment for the developers and issued a writ of mandamus ordering the county to issue the permits. On March 10, the Appellate Court affirmed the circuit court’s decision. 

The AFS team included Partner Robert A.H. Middleton and Associates Meera Gorjala and Duncan Weinstein 

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