An Allen County judge has upheld the Marshall County Board of Zoning Appeals’ decision to deny Tamarack Solar Energy LLC’s proposed large-scale solar project.
Judge Jennifer L. DeGroote denied Tamarack’s petition for judicial review in a 43-page order issued September 30, leaving the BZA’s denial of Special Exception Use Application 24-BZA-45 in place.
Tamarack proposed a 150-megawatt farm-scale solar energy system with about 1,435 acres inside perimeter fencing in rural Marshall County. The BZA voted 4-1 to deny the application in December 2024 after three nights of public hearings.
Tamarack later challenged the decision in court, raising arguments involving evidence gathered outside the public hearings, alleged bias and whether the BZA’s reasons for denying the project were supported by sufficient evidence.
DeGroote found Tamarack had not properly preserved some of its arguments involving alleged ex parte communications and bias. She also found the record did not establish actual bias or a due process violation that would justify overturning the BZA’s decision.
The court also found the BZA had sufficient evidence to consider concerns involving property values, environmental impacts, wildlife and the project’s consistency with the Marshall County Comprehensive Plan, including its goals involving farmland preservation and rural character.
In the order, DeGroote wrote, “The BZA’s decision was not arbitrary or capricious, or otherwise contrary to law, and the Court finds no basis upon which to disturb it.”
DeGroote emphasized that the ruling was not a determination of whether the proposed solar farm was desirable or in Marshall County’s best interests. Instead, the court was reviewing whether the BZA had a reasonable evidentiary basis for its decision.
The September 30 order leaves the Marshall County BZA’s denial of the Tamarack Solar project in place. The order does not state whether Tamarack intends to appeal.
MSC will continue to follow the case for any further developments.