York County Wins Silfab Solar Legal Battle

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by DYLAN NOLAN

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South Carolina circuit court judge G. D. Morgan, Jr. has dismissed a lawsuit brought against York County by a property owner adjacent to the controversial Silfab Solar manufacturing facility.

The suit – filed by Fort Mill, S.C. resident Dennis Floyd Bivins – alleged York County disobeyed the law by allowing Silfab to proceed with its construction plans after the county Board of Zoning Appeals (BZA) ruled against the company. The legality of the BZA’s ruling has been challenged by Silfab in a separate case that has not yet been adjudicated.

Although the BZA determined the county erred in issuing permits for solar panel fabrication in an area zoned for light industrial use, Morgan determined that the county zoning code does not “authorize zoning interpretations to evaluate specific, ongoing developments.”

The ruling also noted that Silfab had successfully obtained approval for a fee in lieu of tax (FILOT) agreement and had a pending civil site permit at the time the BZA made their decision.

Morgan also cited procedural defects made in the attempt to halt the project.

“Neither Plaintiff nor any other party initiated an appeal of the Zoning Compliance Verification issued to Silfab, timely or otherwise,” he noted. “Nor has any permit or approval issued to Silfab been challenged or appealed.”

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Morgan ruled that “because there is a specific procedure to challenge an administrative agency decision, compliance with such procedure is a condition precedent for judicial review.”

Bivins has publicly indicated he intends to appeal Morgan’s ruling.

York County public information officer Greg Suskin released a statement following the ruling claiming the order “refutes the reckless, incorrect assertions by some that council’s vote on the inducement ordinance was illegal.”

“The County understands this issue has evoked a significant amount of passion from the community; however, it urges county citizens to be respectful in their disagreement and to avoid publicly advancing allegations or accusations in social media or otherwise regarding the legality of the county’s actions or impugning the character and conduct of individual members of council and staff,” Suskin added.

Martin’s ruling noted many of Bivins’ demands for relief could only properly be addressed to Silfab – not the county – which ultimately is not legally responsible for the company’s conduct.

Silfab is the defendant in a number of other legal actions including Buchanan v. SCDES & Silfab – which challenges state environmental permitting changes – and is currently pending before the S.C. Court of Appeals, as well as CAGI v. Silfab, Exeter & York County, an action brought by nonprofit Citizens Alliance for Government Integrity (CAGI). The latter action challenged alleged zoning violations after the BZA decision deemed solar panel production was not “light industrial activity.”

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RELATED | SILFAB CONTINUES CONSTRUCTION AFTER COUNTY (BRIEFLY) STOPS WORK

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Additionally, Silfab is being sued by former employee Jason Rhodes – who has alleged he was fired for whistleblowing about illegal practices at Silfab’s Fort Mill facility.

Rhodes allegedly informed facility management of “various safety matters, including that Silfab was working its employees within its plant warehouse without an occupancy permit from York County.”

According to the suit “the director of operations acknowledged the plant had no occupancy permit.”

Rhodes purports to have then contacted the fire marshal, resulting in a surprise inspection that briefly closed the facility.

Although we didn’t have complete information regarding what led to the shutdown at the time, FITSNews reported on the incident – as well as York County’s efforts to facilitate the company’s rapid return to construction.

Silfab Solar’s motion to dismiss Rhodes’ suit was rejected in a court order last December.

Stay tuned for further updates as the various legal battles tied to Silfab Solar’s future in York County continue to play out in the Palmetto State’s courts.

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ABOUT THE AUTHOR…

(Via: Travis Bell)

Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.

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