Judge revokes 810-acre solar power plant permit in Cheboygan County

In a rural corner of northern Michigan, a judge has handed local residents a hard-won victory against a massive solar development that threatened to reshape their quiet township.

Granted a special use permit, EDP Renewables’ Northern Waters Solar plant was pitched as a means of generating enough power for the equivalent of more than 30,000 homes, or about 110 megawatts, with construction approved for 2027. Only, for every megawatt promised, about 7.5 acres of prime farmland would be needed—farmland completely surrounding neighboring homes.

Robert and Betty Johnson, an elderly couple now in their mid-80s, have shared 24 years of their lives together in a farm house just north of Black Lake. Yet, when the planning commission approved the solar plant, nobody told the Johnsons or neighboring farms that their properties would be surrounded by the plant’s solar panels—turning a quiet rural residence into one bordered by an industrial-scale solar array.

The Johnsons were not alone. Nineteen local residents, including Joe and Sherry Long would have been impacted. Once word spread, 99% of the community rose up, standing in solidarity with the impacted homeowners, and in opposition to the plant. Packing meetings and scraping together enough money to hire an attorney, the group of local residents filed a lawsuit, challenging the Cheboygan County Planning Commission’s August 2025 approval of the project.

While arguing that the project would industrialize agricultural land and disrupt the rural character they cherish, the challenge centered on a key allegation. Attorneys for the plaintiffs argued that the commission had failed to make specific findings of fact on sections 18 and 20 of the county’s general zoning ordinance, which governs special land use permits.

Attorneys for the county argued that the planning commission did not need to make detailed findings of fact on every individual section of the general zoning ordinance – specifically sections 18 and 20 – because the county had adopted a Compatible Renewable Energy Ordinance as part of its zoning code at the time of approval.

On April 2, 2026, 53rd Circuit Court Judge Aaron Gauthier ruled in favor of the homeowners. Given that the project was processed as a standard special use permit, Gauthier found that the commission was required to address the general zoning standards explicitly.

“The proper remedy for me is to reverse that decision and vacate the special use permit that was issued,” Judge Gauthier stated from the bench after more than an hour of arguments.

Since the 2023 passage of Michigan’s Public Act 233, counties have largely been stripped of control over large-scale solar projects. In order to retain some level of local control,  counties have adopted CREOs that align with state minimum standards, though they can not deny renewable projects outright.

In January, however, Cheboygan County rescinded that CREO and on March 18, placed a temporary moratorium on large-scale renewable energy projects while updating ordinances.

EDP Renewables, expressing disappointment, has not ruled out an appeal  and will likely return once the moratorium is lifted. “We will be pursuing all avenues available to bring Northern Waters Solar online,” the company told Up North Live.

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