Will County Board Speaker Joe VanDuyne issues the following statement and relevant background regarding the recent Will County Circuit Court Ruling ordering the Will County Board to approve solar projects it had previously voted to deny.
“The State of Illinois has stripped the Will County Board of its authority to regulate where solar energy facilities best fit in our community. Last week, the Will County Circuit Court ordered the County Board to approve six solar projects it previously had voted to deny, confirming that our hands are completely tied.
“The Will County State’s Attorney’s Office has advised County Board Members they could face contempt charges, punishable by fines or jail time, if they defy the court order and vote “no” when the projects are reconsidered at their April 16 County Boad Meeting. Voting “no” also could result in significant fines or sanctions against the County that would be passed on to all taxpayers.
“The Will County Board respects the court and the rule of law. However, recent developments have placed our members in a terrible bind in which they are ordered to cast votes they sincerely believe are against the best interests of our community. We must fight to restore local authority to regulate solar facilities and allow our County Board to vote in good faith.”
Background
The Will County Circuit Court issued a ruling on April 8, 2026 that orders the Will County Board to approve special use permits for commercial solar projects it voted to deny in 2024 and 2025. The solar projects are Channahon McKinley Woods, RPIL Solar 13, Florence Renewables LLC, NL Gougar Solar 1, Black Road Solar 1, and Black Road Solar 2.
Will County Board Opposition
The County Board originally voted to deny Special Use Permits for these solar projects because they were too large, conflicted with community development plans, would cause hardships for neighboring residents, and were strongly opposed by local elected officials and citizens.
Illinois Statute
The Illinois General Assembly, however, has passed legislation that takes away most of the local oversight authority related to commercial solar projects. This restrictive statute forces County Boards to approve commercial solar energy facilities, leaving them powerless to plan for future growth, to address the concerns of neighboring residents, or to protect local farmland and open space.
The Will County Board has opposed the statute, describing the law as an example of government overreach that all but eliminates oversight by local elected officials who wish to serve and protect the communities they represent.
Solar Company Lawsuit Rulings
The solar companies filed lawsuits against the Will County Board for voting to deny their projects. The Will County Circuit Court on April 8 ruled in favor of the solar companies and ordered the County Board to comply with the statute in these six cases. The Will County Circuit Court order falls in line with a recent Third District Appellate Court ruling in favor of a solar company involved in a Grundy County project.
Court Order to Vote ‘Yes’
The Will County Circuit Court ruling, as written, orders the Will County Board to vote “yes” to these previously rejected solar projects.
Consequences of Voting ‘No’
The Will County State’s Attorney’s Office has advised County Board Members that voting “no” would be in defiance of the Will County Circuit Court order directing them to approve these solar projects and issue the Special Use Permits by April 17, 2026.
The Will County State’s Attorney’s Office has advised County Board Members about the potential consequences of voting “no.”
- Fines/Sanctions: The Circuit Court could issue “significant” fines and/or sanctions against Will County that would be paid with taxpayer funds. These fines or sanctions could serve to punish the County Board for voting “no” in defiance of the court order and/or to compensate solar applicants for financial losses resulting from delays.
- Contempt Charges: Penalties could be levied against individual County Board Members in their official and private capacities. Penalties could include fines and/or jail time.
