The legal fight over a proposed town of Dunkirk solar energy farm continues.

A Fredonia-based lawyer who owns land adjacent to the Williams Street site has sued over the Dunkirk Town Board’s September approval of a permit for the project. The board seemed at the time to feel hemmed in by another court ruling, which overturned its denial of a permit for the project in February.

James Dimmer filed suit Jan. 15 to overturn the decision allowing the project. In his court filing, he declares the decision was “in violation of law, without or in excess of its jurisdiction, was made in violation of lawful procedure, is affected by errors of law, is arbitrary and capricious and abuse of discretion, made without required investigation, collection of evidence, finding and determinations, and is not supported by substantial evidence.”

He argues that although the town board approved a resolution for the permit, it “may indicate intent to issue a special use permit but is not a special use permit. Such resolution is void and of no effect for this purpose.”

Dimmer alleges that “there is no PILOT (Payment In Lieu Of Taxes) agreement which is required. There is no community host agreement which is required. There are no decommissioning plans or security which is required. There is no record of compliance with the several and numerous requirements of the applicable local law and state law and regulations.”

Dimmer also states that “Findings are required. This means topic by topic cataloging the evidence before the Town Board both pro and con, identifying the evidence (the board) is relying on. Stating the Town Board’s analysis and reasoning, and finally concluding the Town Board determination at that issue. None of this was done.”

The project is a 3.75 megawatt solar energy system of approximately 14,580 ground mounted solar panels across three parcels of land, located at 3751 Williams Street East in the Town of Dunkirk. The project is overseen by Solar Liberty, an energy system development company in the Buffalo area.

The land is owned by John Dach, who previously harvested grapes at the property before it became too difficult to do so. The land is located in a Residential Zoning District.

Plans for the project have been in motion since 2019 when Solar Liberty first started negotiations with Dach for the land to host the project. The town of Dunkirk Zoning Board granted a variance request for the project to proceed — which Dimmer unsuccessfully appealed to the state Supreme Court. However, the Town Board subsequently voted 3-1 in February 2025 to deny a special use permit for the project.

Solar Liberty and Dach challenged that denial in state Supreme Court and won. Town board members felt that an appeal would be too costly and probably unsuccessful.

Nevertheless, the town faces a court battle anyway. Dimmer wants the state court to “grant a stay of issuance of any special use permit, site plan approval, community host agreement, decommissioning plan, building permit, construction or other activity regarding the proposed solar energy system.” He’s also hoping to get awarded court costs.