Douglas County commissioners to consider whether geological testing can begin at solar farm site

photo by: Chad Lawhorn/Journal-World

The Midland Junction grain elevators north of North Lawrence are shown in this December 2024 file photo. The area near the Midland Junction area is proposed for a large, industrial solar farm project.

While a lawsuit has stopped construction from beginning on a solar facility north of Lawrence, the County Commission will consider whether or not to begin geological testing on the site on Wednesday.

The developers of the Kansas Sky Energy Center – a proposed $234 million solar farm near the Midland Junction area of northern Douglas County – are hoping to begin testing the soil and the site’s geology in hopes that the solar farm project will ultimately win its lawsuit and be allowed to proceed.

According to a memo in the agenda, the testing would be completed in a six-week window and is planned to occur on 13 properties across five sections in Grant Township. Some of the proposed testing work on the site includes:

• 13 boreholes, 17 test pits, and 12 soil sample areas each measuring 25 feet by 25 feet.

• 26 metal pilings driven to depths ranging from 6.5 feet to 8 feet.

• 9 infiltration pits that would be dug to a maximum depth of 10 feet to learn about groundwater conditions and other such geological factors.

Before the item was set to go before county commissioners on Wednesday, Douglas County District Court Judge James McCabria was asked to decide whether testing work could begin at the proposed site. Residents of Grant Township opposed the testing, arguing it would disrupt the land, as the Journal-World reported.

The memo in the agenda said Judge McCabria advised the County Commission to consider approving the plans based on existing policies, and if approved in whole or in part, the county will likely seek judicial review to make sure the plans don’t violate the current court order to halt construction on the solar farm.

The Kansas Sky Energy Center has been under pressure to begin construction quickly to meet a new federal deadline set by the Trump administration. Under the new rules, large solar projects must be “substantially under construction” by July 6 to qualify for valuable federal tax credits — potentially worth tens of millions of dollars for the project.

However, the July 6 deadline falls just three months after the expected start of the Douglas County trial on April 6, which will examine the legality of the solar farm. Evergy – the utility company set to own and operate the solar farm – previously told the Journal-World it was confident the project would meet the deadline, though it did not provide specifics on how that would be achieved given the tight timeline.

According to a memo in the agenda, on Oct. 13, the county’s legal counsel was contacted by Grant Township’s attorney, who requested additional time to review the matter.

The proposed Kansas Sky Energy Center would include roughly 8 million square feet of solar panels mounted on thousands of steel pilings. The project has received both support and opposition from Douglas County residents, and it is expected to generate enough renewable energy to power approximately 30,000 homes annually.

In latest court filing, neighbors allege county withholding evidence

Neighbors to the site of the Kansas Sky Energy Center – who are plaintiffs in a lawsuit against the county, saying it will create stormwater problems and violate numerous county codes – filed a motion last week to seek additional documents “fundamental to their claims.”

According to the motion, they argue that despite repeated attempts to resolve the issue, Douglas County has refused to fully comply with discovery obligations under Kansas law. The discovery phase is the pre-trial phase in a lawsuit where both sides exchange information and gather evidence to prepare their case.

Specifically, the county allegedly failed to search for or produce relevant text messages in this case, improperly withheld communications between non-lawyers, wasted a bunch of time and drove up the cost of this litigation, according to the court filing.

The plaintiffs assert that these delays have disrupted the original trial timeline, especially since discovery is set to close on December 1, 2025, and they still lack the necessary documents to proceed with depositions.

The plaintiffs are asking the court to step in and order Douglas County to turn over all requested documents and text messages, and also want a hearing to determine if the April 6 trial date is still feasible.

In other business, county commissioners will:

• Consider approving allocation adjustments for 2025 and a reimbursement schedule for 2026 for substance use treatment services to support Douglas County residents who are uninsured, underinsured, or unable to access these services in the county.

• Hold an executive session for “preliminary discussion of the acquisition of real property and consultation with legal counsel about the potential acquisition.”

The County Commission’s business meeting will begin at 5:30 p.m. Wednesday in the Douglas County Commission meeting room at 1100 Massachusetts St. The meeting will also be available via Zoom.