Background
Tate Road Solar 1, LLC, Myers Family Farms LP, and North Springfield Solar, LLC sought siting approval from Winnebago County to develop commercial solar energy facilities. After the Winnebago County Zoning Board of Appeals and County Board denied their applications, the solar companies filed complaints seeking mandamus and declaratory judgment, arguing that section 5-12020(g) of the Counties Code — as amended by the 2023 Statewide Siting Act (Public Act 102-1123) — required counties to approve applications that met all statutory criteria.
The solar companies’ argument centered on statutory language that applications meeting the listed standards “shall be approved,” contending this made approval a ministerial act for which mandamus was available. The County moved to dismiss under section 2-615, arguing the statute still afforded counties discretion. The circuit court dismissed the complaints.
The Court’s Holding
The Fourth District affirmed, holding that section 5-12020’s plain language allows counties to codify and consider factors beyond those expressly enumerated in the statute, giving them discretion when approving or denying solar siting applications. Because counties retain some discretion, mandamus — which only compels ministerial (non-discretionary) acts — was not an appropriate remedy.
The court also found the declaratory judgment claims failed because plaintiffs had tied them to the same mandatory-approval theory underlying their mandamus claims. Justice Lannerd specially concurred, agreeing in the result but disagreeing with portions of the majority’s reasoning and emphasizing that a prior Third District decision (Equity Solar) was incorrectly decided because it failed to consider the public hearing requirement in subsection (c) of section 5-12020.
Key Takeaways
- The 2023 Statewide Siting Act does not strip counties of all discretion over commercial solar energy facility siting — counties may adopt and apply standards beyond the statute’s enumerated factors.
- Because county siting decisions involve discretion, mandamus is not available to compel approval of a solar application even where all listed statutory criteria are met.
- The Fourth District disagreed with the Third District’s Equity Solar decision, creating a district-level conflict that may ultimately require Illinois Supreme Court resolution.
Why It Matters
This is a significant decision for Illinois renewable energy development. Solar developers had argued the 2023 Statewide Siting Act effectively preempted local opposition by requiring approval of applications meeting statutory criteria. The Fourth District’s interpretation preserves substantial local government authority over solar siting, which means developers cannot bypass local concerns through mandamus. The disagreement with the Third District creates uncertainty that will likely require resolution by the Illinois Supreme Court. County attorneys, land-use planners, and renewable energy developers should take note: the statutory framework remains subject to evolving interpretation across districts.