In its decision, the Court affirmed the Ohio Power Siting Board’s ruling to grant South Branch Solar a certificate to build a 130-megawatt power generation facility across 700 acres of land.
Writing for the majority, Justice Jennifer Brunner explained that South Branch initially proposed a larger 230-megawatt project spanning 1,000 acres in Washington Township but reduced the scale during the certification process. The siting board attached 50 conditions to the permit that must be followed throughout construction and operation.
Local resident Travis Bohn, who lives near the proposed site, appealed the board’s decision to the state’s high court, citing concerns about community impact and other issues.
“Because Bohn has not shown that the board unlawfully or unreasonably applied the statutory criteria, and because its determinations were supported by sufficient probative evidence, we affirm the board’s order,” the Court stated.
Justices Patrick F. Fischer, R. Patrick DeWine, Joseph T. Deters, Daniel R. Hawkins, and Megan E. Shanahan joined the opinion.
Chief Justice Kennedy’s Concurring Opinion
Chief Justice Sharon L. Kennedy filed a concurring opinion emphasizing that project applicants are required to estimate the economic effects of proposed facilities on local industry and commerce. Although existing rules do not explicitly mandate analysis of any single negative effect, the chief justice noted that applications should assess both potential benefits and drawbacks.
She agreed that South Branch met this requirement by submitting data on home sales near another solar development, showing that nearby homes sold anywhere from 2.2% below to 12.6% above list price.
Project Review and Local Involvement
South Branch applied for its certificate in July 2021, providing copies of its application to several local agencies, including the Washington Township Board of Trustees, the Hancock County Board of Commissioners, and the Hancock Regional Planning Commission. Of those, only the county commissioners formally intervened as parties in the proceedings.
After reviewing the application, Ohio Power Siting Board staff recommended approval with 50 conditions in April 2022. A public hearing later drew both supporters and opponents, and the board ultimately received more than 285 written comments.
In May 2022, a joint recommendation in favor of the project was filed by South Branch, board staff, county commissioners, and the Ohio Farm Bureau Federation. Bohn intervened to oppose the project, but the board issued the certificate in February 2023 — prompting his appeal to the Supreme Court.
Court’s Review of Bohn’s Claims
Among Bohn’s eight objections was his contention that the project’s purported “net positive” community impact was unsupported. He argued that South Branch failed to address possible negative economic effects, such as the loss of agricultural business.
Justice Brunner wrote that at the time of the application, board rules required only that developers provide estimates of overall economic impact — including payroll, job creation, tax revenue, and local commercial activity.
South Branch’s submission met those expectations, Brunner said. An economic study from Ohio University estimated that construction would create 234 full-time jobs and support an additional 463, generating a total economic impact of $125.2 million. Once operational, the facility is projected to contribute $3.9 million annually to the local economy.
A property value study by consulting firm CohnReznick found no consistent negative effect on home prices near similar solar projects, with nearby home sales ranging from slight declines to modest gains. The Court concluded that Bohn’s claims about economic harm were “unsubstantiated theories.”
Finding no evidence that the board had acted unlawfully or unreasonably, the Supreme Court upheld its decision — ruling that the South Branch Solar project serves the “public interest, convenience, and necessity.”