The lawsuit filed against the Franklin County Commission in regard to the denial of a special use permit for a floating solar array on an old quarry lake, north of Ottawa, will get a hearing. However, the county has filed for and granted an extended time to respond to the case. Fisher, Patterson, Sayler and Smith, of Topeka, filed a second extended time to plead memorandum in Franklin County District Court recently, this time due to the attorney having to set up hospice care for his elderly mother. They were granted until the 23rd of this month.
The suit was filed by Jason and Almeda Edwards who want a special use permit to install a floating solar array on an old quarry lake north of town, which they own. Edwards maintains that he presented an evidence binder with full responses to each of the categories required by law and ask for by the county planning commission, which also recommended denial of the permit.
At a county commission meeting in early May, commissioners heard from Edwards and quickly issued a denial after the presentation. He calls the decision unlawful and that both the Planning Commission and Board of Commissioners were unduly influenced by rumors and what they call “tyranny of the fringe” groups pushing theories that lack credence. A court review of the suit is scheduled for July 15th at 9:00 in the morning.
