Saturday, March 7, 2026

Conditional-Use Permit/Solar Energy Production Facility: Minnesota Appellate Court Addresses Challenge to County’s Denial | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Court of Appeals of Minnesota (“Court”) addressed in a December 20th Opinion an issue arising out of a proposal to build two solar-energy production facilities (“Solar-Energy Facilities”). See In the Matter of the Application of Nokomis Energy LLC and South Garden LLC for a Conditional Use Permit, et al., 2021 WL 6010077.

The Court considered an appeal of McLeod County’s decision to deny conditional-use permits (“CUPs”) for the solar energy facilities.

South Garden LLC (“South Garden”) and Crane Garden LLC (“Crane Garden”) applied for CUPs to build separate one-megawatt solar-energy production facilities in McLeod County. Both the McLeod County Planning Advisory Commission and Board of Commissioners addressed the applications at public hearings.

Neighboring landowners expressed concerns about stray voltage. They argued that livestock fetal…

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