photo by: Adobe Stock

Aerial drone view of solar panels at a solar energy generation farm at Sunset in South Wales, UK

The future of a controversial 1,105-acre solar farm proposed for farm fields just north of North Lawrence once again will be in the hands of Douglas County commissioners.

The County Commission on Wednesday will consider a one-year extension for the Kansas Sky Energy solar farm project, which has been unable to start construction due to an ongoing lawsuit that alleges the project violates county codes.

Applicants for the project — which would span 8 million square feet and produce enough electricity to power about 30,000 homes — are seeking an extension on the project’s conditional use permit. County commissioners originally approved the permit in 2024, when the commission had three members instead of its current five. The extension would set a new expiration date of April 13, 2027.

If county commissioners don’t provide the extension, a representative for the solar farm said the project — which is slated for farm fields surrounding the Midland Junction area — likely would never proceed.

“Approval of this request would not result in any detriment to the County, while denial would cause undue harm to the Applicant by effectively terminating the project,” Matthew Grough of the Lawrence law firm Barber Emerson LC said in a memo to county commissioners.

The project has not been able to start because of ongoing litigation filed by Grant Township along with more than 20 businesses and residents in northern Douglas County in 2024 against the county commissioners, as the Journal-World reported. Grant Township and other local residents are suing the commissioners to overturn the approval of the project, alleging the county violated zoning regulations, ignored flood risks and rushed approvals.

The lawsuit has continued to drag on in Douglas County District Court, and a trial is not expected to start until Nov. 30, 2026, at the earliest. This is about seven months later than an April trial date that was previously set but abandoned as the parties in the lawsuit have made additional motions and arguments.

According to Douglas County Zoning regulations, if the project has not commenced or if a building permit has not been obtained for the site two years after the approval of the conditional use permit, the permit approval “shall become null and void.” However, the regulations give applicants the option to submit a one-year time extension if the request is submitted to the Planning Office prior to the expiration date.

Additionally, commissioners will consider a funding agreement for the conditional use permit. The agenda said the agreement allows the county to recover costs for third-party inspections related to the permit, such as agrivoltaic report reviews, soil sampling, groundwater analysis, construction inspections, decommissioning reviews, and bond-related evaluations.

Despite the lawsuit, several key approvals for the project have been made by the County Commission.

Commissioners have approved stormwater and agrivoltaics plans for the Kansas Sky Energy Center in December 2024 despite Grant Township asking for an engineer hired by the township to review the plans. Most recently, commissioners approved geological testing to begin at the site in October 2025 – and they left it to a judge to decide whether it would violate an existing court order prohibiting construction on the solar farm. The judge said it does not violate the court order.

IN OTHER BUSINESS, COMMISSIONERS WILL:

• Receive an update on the Kansas Legislature activities at the mid-point of the session, also known as the “turnaround.” According to a memo in the agenda, the House and Senate took action on some high-profile issues, including property tax relief proposals and the state budget. The presentation will be given by the firm Little Government Relations.

• Consider awarding a contract to Dondlinger & Sons Construction Co., Inc. for a bridge replacement project on North 1800 Road with a total contract cost of $1,816,907, and authorizing the Public Works Director to approve change orders totaling up to 5% of the contract amount.

According to a memo in the agenda, this route provides heavy truck access from I-70 to the industrial park on Lakeview Road. The existing bridge was built in 1970, only allowing limited loads and has been showing signs of concrete deterioration.

• Consider awarding a contract to C-Hawkk Construction Inc. to repaint traffic markings on paved county roads in the amount of $273,375 and authorizing the Public Works Director to approve change orders totaling up to 5% of the bid amount. The project consists of the application of yellow centerline markings, white edge line markings, and turn lane markings to approximately 186 miles of roadway.

• Consider approving the state fiscal year 2027 Kansas Department of Corrections 7th Judicial District Juvenile Community Corrections Comprehensive Plan grant application totaling $570,965 for the county’s juvenile justice services. The grant supports required graduated sanctions programs as well as prevention services. Commissioners deferred the vote on this item during the Feb. 25 meeting.

• Consider approving a revised fiscal year 2026 Specialty Court Funding Award Agreement for the Douglas County Behavioral Health Court. A memo in the agenda said Chief Judge Mark Simpson sent a letter to the Office of Judicial Administration requesting a waiver of the steering committee requirement to allow the court more time to carefully plan and establish a well-functioning Steering Committee. The request was granted. Commissioners previously voted to approve this item during the Feb. 25 meeting.

• Consider allowing the Public Works Department to solicit bids for herbicides to control weeds along roadways and on county properties.

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