Solar panels have another day in courtMARYVILLE, Missouri -- Mar 29 - McClatchy-Tribune Content Agency, LLC - Marshall White St. Joseph News-Press, Mo.
Matthew "Scott" Hausman had another day in court Monday as he continues to appeal a decision ordering removal of some of his solar panels by the home owners association at the Lake of 12 Oaks. Hausman has been in court since 2012 on this matter. Attorney Stephen Jeffery told the court the case had to be based on the existing 1991 rules, which contained no mention of solar panels. The old rules did include structures but Jeffery said solar panels weren't a structure. Then by that definition, neither would wind mills in a wind farm, said Gary Witt, one of the three appellate judges hearing Monday's appeal. The three judge panel was at Northwest Missouri State University to hear two other appeals and the continuing Hausman appeal. Students were encouraged and did sit in and observe the session Monday. Zel Fisher, a Missouri Supreme Court judge who agreed to be the third judge sitting on the panel, asked if structures couldn't include solar panels. Jeffery continued to maintain they couldn't. The attorney also argued since his client got a city permit and the construction was approved by the city, the city's approval overruled the 12 Oaks denial. John Burns, the attorney representing the Lake at 12 Oaks Home Association, argued the homeowners more restrictive requirements were binding and overruled the city, which didn't pass solar panel regulations until after Hausman built his solar arrays. The city didn't have retroactive authority to go back and approve Hausman, Burns argued. And the design review committee didn't act arbitrarily, he said. The three judge panel also noted the distinction that Hausman was requesting forgiveness for having the solar panels rather than permission to erect solar panels. The judges accepted the case as submitted and told students there should be a decision by sometime in May. http://www.energycentral.com/functional/news/news_detail.cfm?did=39158581 |