Thursday, February 03, 2005

Judge Refuses to Enjoin Construction of California Solar Power Facility

Via the Chico Enterprise Record :
Neighbors fighting the construction of a solar power plant on the Butte College campus may appeal a ruling issued Wednesday that rejects, at least for now, their attempt to halt the project.

In a written ruling released Wednesday, Butte County Superior Court Judge Thomas W. Kelly refused to issue a preliminary injunction seeking to bar the college from constructing a solar power facility on the school's Pentz Road campus.


The current phase of the campus solar power project is designed to produce just under 900 kilowatts of electricity, or about a third of the school's consumption.

According to the press report, opponents of the project are primarily raising process claims, arguing that the school failed to adequately notify surrounding residents. In his order denying the preliminary injunction, the judge also signaled that the plaintiffs would not succeed on the merits of their claim, due to their failure to exhaust administrative remedies.

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