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The Greensboro Town Council on May 15 came to a split vote on whether to send the town attorney to argue on behalf of the Greensboro Board of Appeals in a case filed by Halo Greensboro LLC. Mayor David Spencer broke the tie in favor of the town providing legal support to the Board of Appeals.
Halo Greensboro LLC, a Michigan-based limited liability corporation, filed a petition to gain a special exception from the Board of Appeals for a permit to build a Private Utility Facility on their 3.73 acre property at 720 Sunset Avenue, to include solar panels and related equipment. After a public hearing on March 10, the Greensboro Board of Appeals denied Halo Greensboro LLC’s special exemption application. Halo Greensboro LLC then filed an appeal to the Caroline County Circuit Court.
Greensboro’s town Attorney Lynsey Ryan said she proactively filed “an entry of appearance on behalf of the Greensboro Board of Appeals” so that she did not miss the deadline to be able to participate, but the Council had to officially vote on the question for her to continue to work on behalf of the Board of Appeals in this case. If she were to bow out, Halo Greensboro LLC would have a hearing and argue unopposed in front of a judge, and the judge would make a decision on whether to uphold the Board of Appeals’ decision or not. With her participation, Ryan will be able to argue on behalf of the Greensboro Board of Appeals in response to Halo Greensboro LLC’s written memorandum and at the in-person hearing with the judge.
Each council member had a chance to share their view on the subject. Mayor Spencer said, “I spoke against the approval of [the special exemption application]. I don’t think that anybody wants to see any more of the solar panels coming into the town, but I don’t know that we have the legal standing to win a battle in court.” Councilman Joe Noon said that he prefers to wait and see what happens in court before allowing the town attorney to work in full force on the litigation, “let’s see what the court does first.”
The packed town meeting room responded with applause when Councilman Pete Briella gave his opinion that the Council support the Board of Appeals by any means necessary, stating, “I think we should do whatever it takes, but I don’t know what it’s going to cost.” He went on to say that waiting the court out would be like “treading water” and is “not very supportive.”
During the official vote, Councilmen Noon and Harrison voted nay on the motion, resulting in a tie against Councilwoman Robinson and Councilman Briella’s aye votes. Noon said his vote was based on budgetary concerns, “I’m not against fighting the solar panels, but I’m looking at our bank… I’m just trying to look at how we are going to pay for everything.” Ryan promised to keep costs related to the litigation as low as possible. Mayor Spencer broke the tie by voting in the affirmative, giving Ryan approval to be a participating party on the case.
