Tate Road Solar 1, LLC v. County of Winnebago, Illinois

Illinois Appellate Court
Civil Court
Counties Code
Citation
Case Number: 
2026 IL App (4th) 250873
Decision Date: 
Tuesday, June 2, 2026
District: 
4th Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
DeARMOND

Plaintiffs filed legal actions seeking relief through either mandamus or declaratory judgment after their applications for siting approval to develop two commercial solar energy facilities was denied by the defendant county. The trial court granted the defendant’s motions to dismiss and the plaintiffs appealed. The appellate court affirmed, finding that the Counties Code allows counties to codify and consider factors not expressly enumerated and gives counties discretion when approving or denying applications so that mandamus was not an appropriate remedy and the trial court properly dismissed the plaintiffs’ complaints. (VANCIL, concurring and LANNERD, specially concurring)