A lawsuit was filed in November 2024 seeking to declare Bourbon County Resolution 14-24 unenforceable, which had been approved by the County Commissioners on October 31st, 2024. The resolution revoked an existing moratorium on solar energy developments and “limit the Board of County Commissioner’s exercise of police powers in the future with respect to” the solar companies.

The lawsuit was filed by David Beerbower, Leroy Kruger, Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly against The Board of County Commissioners of Bourbon County Kansas, Hinton Creek Solar LLC, Kingbird Solar Energy LLC, Tenneyson Creek Solar LLC, and Tenneyson Creek Solar II LLC.

On January 30th, Jennifer M. Hill, counsel for the Board of County Commissioners of Bourbon County, Kansas, moved to withdraw as counsel. She said three of the people who brought the lawsuit now represent the entirety of the Bourbon County Board of Commissioners, which is being sued in the lawsuit. Thus, a subset of the plaintiffs represents the entirety of one of the defendants. This, she said, violates Kansas Court rule KRPC 1.7 regarding conflict of interest. 

In the most recent filing, Jennifer Hill advises the commissioners,

“You are further notified that further proceedings may be held in this matter whether or not you are represented by counsel. “If you do not retain other counsel, you should appear personally at any scheduled hearings. There are no presently scheduled hearings. However, Judge Richard Fischer, JR. will preside over hearings related to various Defendants’ Motion to Dismiss in the upcoming weeks or months.”

The original petition in the lawsuit can be found here.