Neighbor to proposed solar facility sues Ellis County, developer

By CRISTINA JANNEY
Hays Post

A neighbor of a proposed solar facility in Ellis County has sued the Ellis County Commission, the Ellis County Clerk and the developer.

Keith and Jody Pfannenstiel have land and a home adjacent to the proposed Tallgrass solar facility.

They are alleging the commission did not follow proper procedures when approving a conditional-use permit for the development on June 2.

The proposed solar project by ibV Energy Partners would cover about 1,800 acres west of Mount Pleasant and Yocemento Road.

In lieu of taxes, the county signed a contribution agreement with ibV to pay the county in the first 10 years of the project once the facility begins selling power or putting power onto the grid. The projected first-year payment is about $1.1 million, or roughly $6,300 per megawatt, with payments increasing 1% annually.

Keith Pfannenstiel was vocal in his opposition to the facility throughout the county review process, both speaking at public meetings and submitting written comments.

In the lawsuit, he and his wife allege the project will adversely affect their property rights, use and enjoyment of their property, drainage patterns, access, viewsheds and public infrastructure.

They also allege the commission relied on future studies and approvals.

According to the lawsuit, some of these include drainage analysis, stormwater protections, road protections, operational plans, emergency response measures, and a decommissioning plan.

The lawsuit alleges the approval was arbitrary and relied on incomplete information.

John Bird, the Pfannenstiels’ attorney, said members of the public have a right to challenge a governing body’s decision if it is unreasonable. Bird said the lawsuit argues the decision is unreasonable because the county’s information was incomplete.

However, ibV said through its attorney, “Tallgrass is adhering to the terms of the conditional-use permit and is continuing to work with Ellis County to ensure that it meets all requirements, including timely approval and execution of a road use agreement, decommissioning plan and other necessary documents.”

Bird said the couple is not opposed to solar development. They want the development to be located further from their home or to be compensated for the loss of value in their land.

“The [Pfannenstiels] believed that they were [living] in an area of the county that they'd be able to enjoy their privacy … They're not opposed to solar, but they don't believe the county followed all the rules,” Bird said.

Bird alleged in a phone conversation with the Hays Post that the Tallgrass developer, ibV, offered financial compensation to other neighbors to the development but not to the Pfannenstiels. He also alleged those neighbors were required to sign non-disclosure agreements.

Bird said the lawsuit does not specify a specific dollar amount in damages.

Bird said the Pfannenstiels would also argue the solar facility would affect the future value of their land.

The estimated life of the facility is 35 years.

Bird said much of the other land surrounding the proposed development is farmland.

Tallgrass said through its attorney in an email to the Hays Post, “Research shows that solar projects have no negative impact on property like that owned by Mr. and Mrs. Pfannenstiel.”

During county meetings on the solar facility zoning, Keith Pfannenstiel expressed his frustration, saying the development process for the facility, including signing of leases, had been in the works for years, but they were not notified until the ibV began the zoning process.

“The fact of the matter is they didn't have all the people at the table that should have been there early,” Bird said.

Although Bird said the Pfannenstiels have not requested an injunction, which could halt development of the property, he added, “As the statutes are written right now, we contend that this project would not yet be approved if it were approved at all.”

The lawsuit also alleges the county failed to fill open records requests filed by the Pfannenstiels.

The lawsuit says the county claimed the request was too broad and burdensome. It requested $2,046.42 to produce the documents, which the plaintiffs refused to pay.

County Clerk Bobbi Dreiling said in her response to the open records request that the request would include thousands of documents and emails.

Dreiling’s response to the request also said, “We are confident that any records would likely encompass several exceptions to disclosure under [the Kansas Open Records Act].”

Bird said, “I'll just tell you that the response appeared to us to be intended to keep us from pursuing it.”

Some of the items that the Pfannenstiels requested in their open records request include planning commission records, staff reports on the development, consultant reports, correspondence related to the project from and between county commission members and the public, including emails and texts, and drainage, engineering and environmental studies.

In the county’s answer to the complaint, it said the Pfannenstiels failed to respond in a timely manner about the costs to fill the request, so the county deemed the request withdrawn.

Darin Myers, county administrator, said the county in its answer to the Pfannenstiel complaint, has denied any wrongdoing.

He said the county will continue to work with its attorneys to address the lawsuit, but the legal process is still early.

IbV, through its attorney, said in an email it believes the zoning process was handled appropriately and in keeping with Kansas law.

It said the lawsuit has not delayed the solar project.

Tallgrass added, “As the Kansas Chapter of the Sierra Club has noted, ‘When paired with energy storage, this resource is some of the least-cost[ly], most reliable electricity forms that will help Kansas harness a homegrown, eco-friendly resource that will produce local jobs and state investment that doesn’t pollute the air, nor compromise our water supplies.’”

Both Ellis County and ibV are requesting judgments in their favor and costs and legal fees.

IbV plans to invest $275 million in the project. The solar facility would generate 175MW of power for the Southwest Power Pool energy market.

IbV had planned to start construction in the first half of 2027, with completion in 18 months.