Washington County v. Perennial Solar, LLCAnnotate this Case
The Court of Appeals affirmed the judgment of the court of special appeals affirming the judgment of the circuit court determining that state law preempted a local zoning authority with respect to solar energy generating systems (SEGS) that require a certificate of public convenience and necessity (CPCN) issued by the Maryland Public Service Commission and that the Commission had exclusive jurisdiction to approve the type of SEGS proposed by Perennial Solar, LLC in this case.
Perennial applied to the Washington County Board of Zoning Appeals (Board) for a special exception and variance to construct a SEGS. The Board granted the variance and special exception. Aggrieved landowners sought judicial review, and Washington County intervened. While the petition for judicial review was pending, Perennial moved for pre-appeal determination challenging the subject matter jurisdiction of the circuit court. The circuit court granted the motion, determining that Md. Code Ann. Pub. Util. (PU) 7-207 preempted the Washington County zoning ordinance. The court of special appeals affirmed. The Court of Appeals affirmed, holding that PU 7-207 preempts by implication local zoning authority approval for the siting and location of generating stations that require a CPCN.