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Redress South Bend – The Marshall County Council has filed a lawsuit against the Marshall County Board of Commissioners and Tamarack Solar Energy LLC, challenging the approval of a Decommissioning Plan Agreement for a farm-scale solar energy project. The council's legal action, initiated on November 6, 2024, seeks a declaratory judgment to void the agreement, citing concerns over potential conflicts of interest and insufficient public protection.
Allegations of Conflict of Interest
The complaint highlights a contractual relationship between Marshall County Commissioner Kevin Overmyer and Swift Energy Storage, LLC who is planning to construct an energy storage facility adjacent to the proposed solar farm. According to court documents, Commissioner Kevin Overmyer receives payments under a lease agreement with Swift, raising concerns about his impartiality in approving the solar project's decommissioning plan.
“The Council doesn’t take any joy in filing the lawsuit, but we feel that the current ordinance does not protect the people of Marshall County," stated Marshall County Council President and Marshall County Commissioner-Elect Jesse Bohannon. "We believe the financial incentives have caused some folks to set aside their duty to protect the people and rush the process."
Legal Grounds for the Lawsuit
Filed under the Uniform Declaratory Judgment Act, the lawsuit contends that Commissioner Kevin Overmyer's approval of the Decommissioning Plan Agreement violates Indiana Code § 35-44.1-1-4(b), which prohibits public servants from having a pecuniary interest in projects they can influence. The council argues that the agreement should be declared void due to this alleged violation.
"We are not trying to ban solar," Bohannon clarified. "But to enact an ordinance that takes into account the people's expressed concerns. Kosciusko County and Fulton County have such ordinances, and we think those would be good models for Marshall County."
Implications for the Solar Project
The solar project, planned by Tamarack Solar Energy LLC, aims to build a solar farm near an energy substation in Marshall County. The decommissioning plan's approval is a prerequisite for obtaining a building permit under local zoning laws. However, the council asserts that without proper safeguards, the project poses risks to the community.
"Ultimately, an elected official cannot use their ability to influence public policy to enrich themselves, and the council has a duty to stop that," Bohannon emphasized.
Next Steps
The lawsuit marks a significant development in local governance as Marshall County navigates the complex dynamics of sustainable energy development and public accountability. The council's legal action underscores the need for transparent decision-making processes that prioritize community welfare over personal gains. You can view the legal filing below: