GREENWICH TWP. | The owner of a township property that had been eyed for a controversial solar power project is accusing township officials of trying to devalue his land and hamstring his development opportunities.
Brian O'Dowd filed a lawsuit recently in state Superior Court against the Greenwich Township Committee and Greenwich Township Planning Board. It claims both bodies "severely and substantially" diminished the value of O'Dowd's 422 acres by zoning the area for farmland preservation.
Warren Solar, a subsidiary of Houston-based Elements Marketing, proposed developing a solar panel system on the property. The 80-acre, 15-megawatt project was whittled down to about 9 megawatts on 60 acres before being rejected by the township zoning board Jan. 13 amid resident opposition.
O'Dowd's attorney Philip Mylod said the township appears to be rezoning the land to guard against future development, particularly for renewable energy sources.
Two days before the zoning board's ruling, the planning board declared the parcels to be part of the township's Farmland Preservation Plan, which can be used to target properties for preservation through the state Green Acres program.
"It's our opinion that (the zoning change) is just one more nail in the coffin for the property in order to devalue it," Mylod said Wednesday. "What they're getting with the zoning is farmland and that's what they want. They just don't want to pay for it."
Township committee attorney Peter Jost and planning board lawyer Jon Drill both declined comment this week. They said they were unfamiliar with the lawsuit.
The state Legislature deemed solar projects inherently beneficial uses, making it easier for developers to get municipal approval. Mylod said by rezoning the land, the township created a loophole in the state law.
"From what I can gather from their zoning ordinance, it looks like they're creating a basis upon which they can hang their hats in the future to deny inherently beneficial uses that they don't want in their backyard," Mylod said.
Mylod said his client is seeking to nullify the Farmland Preservation Plan and collect any damages associated with the devaluing of the property.
Attorney Michael Selvaggi, representing Warren Solar, said his client has not appealed the township's ruling on the solar farm.
Selvaggi said the township zoning board did not adopt the formal resolution memorializing its decision during the February meeting. Once that resolution has been adopted, Selvaggi said his client will have 45 days to file an appeal.
The lawsuit suggests that O'Dowd could join an appeal of the zoning board's ruling on the solar field.
Reporter Sarah M. Wojcik can be reached at 610-258-7171, ext. 3631, or swojcik@express-times.com. Talk about issues in your town at lehighvalleylive.com/forums.
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