East Peoria considers legal action over solar park project

EAST PEORIA, Ill. (WMBD) — After the Tazewell County Board voted Wednesday to approve two solar farms, both of which were rejected a month earlier, East Peoria Mayor John Kahl expressed his disappointment with the board’s decision regarding the Catmint project.

Board Chairman David Zimmerman explained Thursday that traditionally municipalities have control over projects within a mile and a half of their borders, but solar farms are a different matter under Illinois law. He said the board felt pressured to approve both projects given the possibility of legal action from the state.

However, Kahl disagrees with this assessment. He said that the state law in question does not contain any statements about planning boundaries for municipalities or special use extensions.

“Nowhere in state law does it say that energy companies are entitled to an unlimited extension of a special use. Nowhere. And nowhere in state law does it say that the district must grant an extension,” he said.

The Catmint solar park is to be built north of the Springfield and Eisele intersection in Groveland Township.

Kahl added that the project was approved in 2023 but the special use permit needs to be renewed this year, which he said the board “rightly” rejected last month. He was confused to hear the item was put back on the agenda this week.

Another reason Kahl opposes the decision is the limitation he believes the city will face in terms of future expansion. Since the city is landlocked to the north, east and west, the south remains the only direction it could choose to go for residential or commercial real estate.

For this reason, he confirmed that discussions had taken place with the city attorney and that this could have legal consequences.

“We will certainly not stand idly by and allow this step to go forward if it would clearly hinder the future growth of the city,” said Kahl.

He added that state law was also not the reason for approving the projects, as the reason given had to do with county ordinance and establishing a precedent. He said if state law had been the reason, the project would not have been approved due to the “restriction of the city’s rights.”

Kahl said he told them at Wednesday’s meeting not to reconsider and to meet with him the next day and talk to state officials. Those officials, Kahl said, told him that East Peoria appeared to be in the right from a legal standpoint.

On the other hand, he praised the Coyote Road project, which is being built on farmland in Delavan and Malone townships. He said the developers have spoken to local residents and understand the area. He also noted that the project is in a more remote part of the county.