A ruling has been made in the case filed by the Marshall County Council against the Marshall County Commissioners over the Tamarack solar farm project.
Elkhart Circuit Court Judge Michael A. Christofeno issued an order of dismissal without prejudice after a hearing on Friday, Feb. 14.
The suit was filed by the council late last year against Tamarack and the Commissioners over the decommissioning plan for the project, which was necessary for Tamarack to obtain a building permit for the project. The suit claimed that Commissioner Kevin Overmyer had a conflict of interest in the matter.
The Marshall County Board of Zoning Appeals did not issue a variance of use for the project, which is also necessary for it to continue, halting it at least pending any litigation by Tamarack. The November election also changed the makeup of both the Commissioners and the Council, and the current Council sought to have the suit dismissed.
Since the suit is dismissed “without prejudice,” the Council retains the right to refile that case in the future if necessary.
In their meeting on Monday, Commissioners attorney Sean Surrisi told the board that Tamarack may also file a suit seeking attorney’s fees in the case.
