MOUNT VERNON — City Treasurer David Stuller said city council members must decide whether the economic impact of the Frasier Solar decision is worth appealing to the Ohio Supreme Court.
One hundred acres in the solar project is within the city limits. The land is zoned Planned Neighborhood Development.
“This is a unique situation in that we do not see anywhere else in Ohio, municipal property being utilized for industrial solar,” Council member Amber Keener said.
“There are some areas where solar is being used to power certain facilities within municipalities, but nothing quite to this scale.”
Stuller and Keener say there is a significant shift in city revenue if the land use is solar rather than residential.
At the Ohio Power Siting Board’s public hearings, Stuller testified that although the 100 acres looks like a cornfield, it is city property zoned Planned Neighborhood Development.
“The [OPSB] chose to ignore that,” Stuller told the council.
“Our only opportunity now is to seek outside counsel and appeal to the Supreme Court. So is it worth it?”
Using the Liberty Crossing development on Newark Road as a guide, Stuller estimated that developing the 100 acres would generate $1,072,500 annually.
Revenue stems from a 1.5% income tax on 500 homes (average household income estimated at $95,000/year) and a base water/wastewater bill of $60 per month.
Over 40 years, assuming 2% inflation, estimated revenue from development is around $2.2 million annually.
In comparison, Frasier Solar would pay the city $2,500 annually under its PILOT payment. The $2,500 remains static over 40 years with no inflation adjustment.
“This is serious money, not just for now but for the future, and how it’s going to impact the city as far as future income. That’s a big number,” Council President Bruce Hawkins said.
Grounds for appeal
Law Director Rob Broeren said the first thing the city must establish is whether it has standing to appeal.
Stuller said Frasier’s application named the city along with Miller and Clinton townships. He said that also raises questions about whether the OPSB should have granted the city representation on the ad-hoc board, as it did the townships.
“They ignored the commissioners, they ignored Senate Bill 52 and did not look at this the right way.”
David stuller, city treasurer
“In their wording, they gloss over everything as Knox County,” he said. “They mentioned Mount Vernon a couple of times, and that’s part of the project, but then they gloss over it by just saying Knox County.”
Stuller cited a paragraph in Frasier Solar’s application that states “the project is not expected to have any significant adverse effect on regional development, including housing, commercial and industrial development.”
“The Ohio Power Siting Board overlooked that. They didn’t consider the residential development that we had planned,” he said.
Stuller said another point is that Frasier Solar’s plan includes Mount Vernon. However, the city is not within the unincorporated areas of the county covered by the commissioners’ 2022 resolution allowing solar on a case-by-case basis.
“It’s not that we appeal and say they should not have approved the project; that’s a different subject,” Stuller said.
“It’s that the project included this land, and they should strip it out of the Frasier Solar project. We’re not arguing that they should not approve [Frasier Solar]. It’s just that we want our land back.”
What will it cost to appeal to the Ohio Supreme Court?
Keener said that at this point, the city does not know the cost of outside counsel.
“That is a question that we are asking,” she said.
As to whether the Ohio Supreme Court would hear the case, Stuller believes the chances are good.
“We’re unique. There are many projects in Ohio, industrial solar, and this is the only one that has ignored Senate Bill 52,” he said.
“I think the fact that there’s actually language in there that says unincorporated areas of the county, really puts us on a better footing for this,” Keener said. “I still think this is a question where we do need to ask outside counsel who have more experience.”
“It’s the only incorporated land that is being used for industrial solar.”
David Stuller, city treasurer
Keener said Monday’s discussion in a Land Use and Development Committee meeting was designed to let the community know that city council is looking into options.
“I did not want to start to pursue answers to those questions until council was all aware, just so that everybody’s on the same page,” she said.
Keener noted that while the income lost over 40 years is noteworthy, the 100 acres going into solar also blocks the city on its southern side.
“There are other opportunities that we would like to look into in that direction, which is the direction we probably should be growing in,” she said.
Frasier Solar background
The 100 acres were incorporated into the city in 1997 as part of the growth of the industrial park.
The Ohio Legislature passed Senate Bill 52 in October 2021, which allowed county commissioners to restrict or allow solar and wind development in the unincorporated areas of the county.
SB 52 also gave the Ohio Power Siting Board the authority to seek public opinion, evaluate the economic value of the project, and decide whether a project will proceed
The county commissioners allowed solar projects on a case-by-case basis in the unincorporated areas of the county in 2022.
In 2025, the commissioners reversed that decision and restricted solar entirely in 22 townships.
Frasier Solar applied to the OPSB in October 2023 for its project in Miller and Clinton townships and the City of Mount Vernon.
City council members passed a resolution in March 2024 opposing solar development on the 100 acres within the city.
The OPSB ultimately approved the project in June and reaffirmed that approval in August.