photo by: Josie Heimsoth/Journal-World

A solar project planned for north Lawrence got more time to move forward Wednesday after county commissioners approved a one-year extension to keep its permit alive.

The County Commission voted 4-1 with Commissioner Erica Anderson opposed. The applicants of the Kansas Sky Energy Center – which would span 8 million square feet and produce enough electricity to power about 30,000 homes – told commissioners that the project has not been able to proceed due to an ongoing lawsuit that alleges the project violates county codes.

The conditional use permit was originally approved by commissioners in 2024, and the extension sets a new expiration date of April 13, 2027.

Under Douglas County zoning regulations, a conditional use permit “shall become null and void” if a project hasn’t started or obtained a building permit within two years of its approval. However, applicants may request a one-year extension before it expires. The code does not allow additional extensions to be considered.

There is a court order in place prohibiting any substantial change to the site or construction of the solar farm. As the Journal-World reported, 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 that court order. The judge said it does not violate the court order. Damon Ray, a project manager with Evergy, told commissioners that the testing is currently underway and it is necessary to complete the engineering design and acquire the building permit for the project.

Commissioner Gene Dorsey said from a technical standpoint, whether it’s a giant solar field or another project, the process of requesting an extension would be the same if the project was not able to proceed.

“I know there’s a legal case … And I believe part of that issue was that procedures were not totally followed, so I don’t want to be guilty of not following a procedure,” Dorsey said.

Anderson said she is against the project moving forward at all, saying significant energy projects might affect local electricity costs. She said Evergy also keeps increasing electric rates for Douglas County residents and beyond despite public opposition.

photo by: Josie Heimsoth/Journal-World

From left to right, Terelle Mock, an attorney representing Douglas County; Deputy County Administrator Sean Pederson; County Administrator Sarah Plinsky; and Assistant County Administrator Jill Jolicoeur are pictured on Wednesday, March 11, 2026.

“We know that many of us have shown up and asked for these regimes not to happen, but they continue to happen … especially in regards to these rate changes, and they are still moving forward quickly,” Anderson said, encouraging residents to oppose these rate increases.

In addition, commissioners approved a funding agreement for the conditional use permit in a 4-1 vote with Anderson opposed. 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.

The litigation was 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. Anderson asked if the extension could go up until the trial begins, but the county code language only says applicants could request a one-year extension.

IN OTHER BUSINESS, COMMISSIONERS:

• Received 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 was given by the firm Little Government Relations.

• Awarded 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 authorized 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.

• Awarded 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.

• Approved 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.

• Approved 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.

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