A unanimous three-judge panel of the N.C. Court of Appeals has reversed Currituck County’s decision to block a solar farm on the former Goose Creek golf course. The ruling allows property owner Currituck Sunshine Farm and solar farm developer Ecoplexus to proceed with plans for a project to be used by tenant Fresh Air Energy.
“Based upon review of the whole record, Petitioners presented a prima facie showing of entitlement to their use permit to construct a solar energy farm in a zoning district where such facility is a permitted use,” Judge John Tyson wrote for the panel. “The Board’s denial of the application was not based on competent, material, and substantial evidence to rebut the Petitioners’ prima facie showing.”
In legal terms, “prima facie” evidence is sufficient to prove an argument unless it is rebutted.
Among other opinions released this morning:
- Tyson also wrote the opinion for a unanimous three-judge panel that will allow a rock quarry to proceed in Lee County. A lower court had blocked the quarry.
- A unanimous three-judge panel vacated an order that would have forced the Town of Kill Devil Hills to turn over public records to Judge Jerry Tillett as part of a suit filed under the state Public Records Act.
