FORT MILL, S.C. — Silfab Solar is in a legal dispute over the zoning classification of its Fort Mill facility, located near two new schools, following complaints from neighbors and two chemical leaks.
A judge heard arguments today from both sides but has not yet issued a ruling in the case.
Attorneys for Silfab Solar are seeking to reverse a zoning decision that determined the plant is not classified as light industrial and should not be in its current location.
Attorneys for Silfab assert that the plant was initially approved by the zoning administrator and the County Council, arguing that the Board of Zoning Appeals lacks the authority to overturn that decision.
This legal challenge comes after the Silfab facility began solar assembly work in March, an operation that has since experienced two chemical leaks within a week of each other.
The Board of Zoning Appeals’ attorney argued that the board’s job is to hear appeals, especially considering the potentially hazardous chemicals involved in the plant’s operations.
Neighbors who attended the court hearing expressed disappointment that they would have to wait for a ruling.
Scott Jensen, a neighbor whose home is two miles from the plant, described feeling tired after waiting two years for today’s hearing.
Jensen stated, “They are in operation, and they are putting kids in harm’s way right now.”
Silfab’s attorney, Brandon Gaskins, countered that the Board of Zoning Appeals’ decision is causing harm, stating, “It is going to have a chilling effect on economic development across the state.”
Gaskins added that the County recruited Silfab, and the company invested over $150 million in the project.
Gaskins further characterized the Board of Zoning Appeals’ determination as a “back door attempt to undermine and effectively invalidate and legitimate legislative action.”
Ross Appel, an attorney for the Board of Zoning Appeals, spoke about the types of substances involved, referencing “What amounts of cyllene and hydrochloric acid and all these other different complex chemicals.”
Patrick Lloyd, a neighbor who lives a mile from the Silfab plant, watched the proceedings and said, “We just want answers, and we want this to come to a close.”
Lloyd noted he has to live with this decision. The judge presiding over the case reportedly pushed back hard against attorneys on both sides, not appearing to favor the arguments made by either of them.
All parties, including neighbors and people working at Silfab, are currently waiting for the judge’s order.