By Kelsey Misbrener In a unanimous decision issued June 6, 2017, the North Carolina Court of Appeals held that the application for issuance of a conditional use permit (CUP) by Innovative Solar 55, LLC (IS 55) to construct a solar farm was wrongfully denied by the Robeson County Board of County Commissioners. Colin J. Tarrant and Elizabeth Brooks Scherer of Smith Moore Leatherwood represented IS 55.
This is only the second North Carolina appellate opinion addressing CUP applications for utility-scale solar development. The decision makes it more difficult for opponents to successfully oppose a CUP permit application without substantial evidence to support such opposition.
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