A Will County judge will issue a ruling by Wednesday afternoon that could delay a vote on the 6,100-acre Pride of the Prairie solar project.
The Will County Board has moved its Thursday morning meeting to the Clarion Hotel and Convention Center in Joliet to accommodate an expected large public turnout for the vote needed to move the controversial project forward.
But an attorney for potential neighbors of the solar complex was in court on Tuesday arguing for an emergency order to stop the vote as a legal fight over the project continues.
Attorney Steve Becker said a vote on Thursday could lead to “years in litigation that can be settled here right now.”
Becker wants a new public hearing on the solar complex, saying his clients were denied rights under state and county law to present their own case against the project and cross-examine representatives from developer Earthrise Energy.
The Will County Board Planning and Zoning Commission in an advisory vote recommended against the project after a public hearing that ran March 30 and 31.
But Becker said his client’s case needs to be in the public record for potential future litigation on the project.
“It’s an irreparable harm because the record will now be silent,” Becker said.
Attorneys for the Will County State’s Attorney’s Office and Earthrise argued that Becker and his clients had their chance to make a case during the public comment at the public hearing in which individuals had five minutes each to speak on the project.
Assistant State’s Attorney Scott Pyles contended that Becker wanted “a Perry Mason concept” of cross-examination that would not be suitable for zoning hearings.
Pyles described what happened instead.
“Eighty-nine witnesses at five minutes a pop and answering every question that was asked. I don’t know how much more process we could have had unless we wanted to still be conducting the hearings today,” he said.
The public hearing stretched over two nights with hours of public comment on the plan to add solar panels to 96 different properties in Manhattan, Green Garden and Wilton townships.
But Becker said the hearing process did not allow for the kind of questioning allowed by law for adjoining property owners.
“These are critical constitutional questions, and they cannot be pigeon-holed into a five-minute comment period,” he said.
Will County Judge Victoria Breslan said she would review filings on the case, some of which came in as the case was heard, and make her decision by 2 p.m. Wednesday.
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“I know this has to be ruled on tomorrow because Thursday is the day that there is a vote,” Breslan said.
The meeting is scheduled for 9:30 a.m. at the Clarion Hotel and Convention Center, located at 411 S. Larkin Ave., Joliet.
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