Represented Renewable Energy Developer in Litigation

Our department represented a renewable energy developer in litigation following the denial of an application to develop four solar energy facilities with battery storage.  The lawsuit challenged the denial and sought an order directing the host municipality to grant the required approvals.  The host municipality had denied the permit, in part, on the ground that the developer had not offered enough host community benefit payments.  In a case of first impression in the industry, the court annulled the denial and ordered the community to grant the permits.  The court found that while it has become customary for developers to offer host community benefit payments, those are discretionary and a zoning authority may not withhold permits based on a developer’s failure to provide them.