The Graceland Solar Project, previously voted down by the Shelby County Board of Commissioners , will go ahead after Shelby County settled with the project's parent company RWE Clean Energy LLC and Graceland Solar out of court, according to a document obtained by The Commercial Appeal.
The settlement is separate from the Commission vote and was not brought on by the body.
According to the letter, the Shelby County Attorney's office received a demand letter from counsel retained by Graceland Solar and parent company RWE Clean Energy, LLC on March 9, days after the commission denied the special use permit for the project.
"Attorneys for Graceland Solar outlined a federal substantive due process, violation claim against Shelby County Government for denial of a permit the county ordinance deems a "permit by right," upon application when the County Commission applied its moratorium retroactively to Graceland Solar's application, which predated the initiation of the moratorium by over a month," the letter read.
Previously: A proposed solar farm in Millington is causing problems with nearby residents
More local news: A proposed solar farm in Millington is causing problems with nearby residents
In the letter from the county attorney to commissioners, it is stated that Graceland Solar "articulated damages in the form of funds invested in the project of over $100 million."
The letter says that for these reasons the office made "contact" with Graceland Solar and RWE Clean Energy counsel to "negotiate (a) settlement of all claims and release from any potential liability."
The settlement requires that Graceland Solar maintain the landscaping and setbacks that were previously agreed upon, per the letter.
"As of the date of this memorandum, a successful settlement with the County was reached whereby the County would not pay any costs associated with the project, including any costs incurred by Graceland Solar in any delays in obtaining the permit by right," the letter read.
Graceland Solar applied for a building permit in August 2023 for their solar farm in Millington. In September, Commissioners voted to pass a moratorium for approvals for all new commercial solar farms on land within the conservation agriculture district.
The moratorium also applied to pending applications, which caused Graceland Solar to submit a special use permit to bypass the moratorium.
The special use permit for the solar farm located in Millington was denied by commissioners after an uproar from surrounding neighbors of the project. Residents who lived in properties near or adjacent to the planned solar farm expressed concern for the company's plan and its impact on local wildlife, property values and environmental implications.
Though the resolution to allow the solar farm to be built was denied, an attorney said during the Feb. 26 meeting that the company could sue the county to reverse the commission's decision. Should the company win that lawsuit, the county attorney said the conditions providing additional oversight would be removed.
After learning of that, Ford asked the crowd to raise their hands if they were against the item, even with the conditions. Almost all of the spectators raised their hands. Ford then asked if residents were willing to risk losing in court to the solar company and having the solar farm built without the conditions. A nearly identical number of residents raised their hands.
The county attorney's office was not available for comment at the time of publication.
Lucas Finton contributed to this report.
Brooke Muckerman covers Shelby County Government for The Commercial Appeal. She can be reached at (901) 484-6225, brooke.muckerman@commercialappeal.com and followed on X, formerly known as Twitter @ BrookeMuckerman .
This article originally appeared on Memphis Commercial Appeal: Graceland Solar project in Millington receives go ahead despite no vote from Commission
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