The attorney representing the Franklin County Commission in regards to a lawsuit filed by the owner of a proposed floating solar array north of Ottawa, have filed a motion to dismiss the agricultural part of the suit. In that case, Jason Edwards claims the county lacks jurisdiction to restrict the agricultural use of his property by prohibiting the use of solar panels to collect and produce electricity. Lawyers for the county, Fisher, Patterson, Sayler and Smith, of Topeka, contend that the proposed use of the solar array is not an agricultural use, as Franklin County Zoning regulations define agricultural use of the land for the raising of hay and other crops such as orchards, berries, groves, timber, poultry, goats, sheep, swine, cattle, fish and bees.
Edwards says he will use the energy to power irrigations systems for the fields and for a greenhouse that he wants to locate in the area. However, county lawyers say that the production, storage and transmission/distribution of electricity is not an agricultural use, and as such, that use is subject to reasonable regulation by the county, and must be dismissed. The case is scheduled to be reviewed by the court at 9:00, the morning of July 15th.
