(Decatur/Jennings Counties, IN) – Cobia Solar has filed a Petition for Judicial Review in Jennings Circuit Court that challenges last month’s decision by the Decatur County Board of Zoning Appeals to unanimously deny the company’s application for a special exception to the zoning ordinance to build a solar energy facility in the Burney area of Clay Township.
Cobia says the BZA acted arbitrarily and without substantial evidence in turning down the request.
The company argues the project met all zoning requirements and was backed up by more than 5,600 pages of documents, agreements with county leaders, and expert testimony.
Cobia alleges in the filing that the BZA improperly relied on community opposition and speculation and not the zoning ordinance’s standards.
Attorneys for the company call the denial “arbitrary, capricious and contrary to law” in the filing.
Cobia is asking the court to overturn the BZA denial and direct the project’s approval.
The BZA turned down the request by a 5-0 vote at the August 6 meeting.
The application for the special exception was originally filed in August 2024.
