Hinckley Allen represented a commercial-scale solar energy provider as it sought to build a solar farm in Rhode Island.

Town regulations required the energy provider to obtain a zoning special use permit. Hinckley Allen helped the client manage the zoning process to insure compliance and navigate the concerns of an involved public. Our attorneys became involved after the zoning board had closed the record and succeeded in reopening the proceedings to introduce critical evidence. They presented to the zoning board on behalf of the client when the public raised a concern about the energy provider not fulfilling all of the requirements to receive the permit, specifically whether the solar farm was going to be within 2 miles of a utility substation.

Further, when the zoning board denied the special use permit on this basis, our attorneys were prepared and went straight to the Rhode Island Superior Court. Working on an expedited schedule to try to reduce delays to the project, the firm represented and prevailed for the client on the appeal. The Superior Court held that the definition of a substation was clear, and the regulation at hand was plain on its face and left no room for interpretation. Finally, when the town delayed further and filed a petition for a writ of certiorari with the Rhode Island Supreme Court, our attorneys defended the Superior Court’s decision and were again successful for the client. The Rhode Island Supreme Court confirmed that the zoning board had to issue the special use permit.

Partners Robin Main and Christine Dieter leveraged their considerable knowledge of the zoning process and experience in the energy space to reduce delays from this protracted three-year process and successfully obtain the special use permit, which allowed the client to move forward with this important clean energy project.