A Fredonia lawyer wants the state Supreme Court to overturn a solar farm variance granted by the Town of Dunkirk Zoning Board of Appeals.

James Dimmer owns land adjacent to the proposed solar farm’s site, which borders Williams Street Extension. He offered a host of arguments against the variance in his 20-page June 1 court filing.

One argument is that the person who owns the property, John Dach, did not actually apply for the variance but the ZBA gave it to him anyway. According to Dimmer, Lawrence and Natalie Ball applied for the variance — and the property is under contract with Solar Liberty.

Lawrence Ball is a Town of Arkwright board member who was instrumental in implementing an agreement between Solar Liberty and the town in the early 2010s.

Dimmer wrote that a law revised in 2021 prevents large-scale “Tier 3” projects, such as what Solar Liberty wants to do in the town of Dunkirk, in residential neighborhoods. The area is zoned for residential and agricultural use.

He added that the Chautauqua County Planning Board urged the ZBA to consider the impact

that a solar farm would have on 16 acres of prime farmland that sit on Dach’s property. Solar Liberty is looking to set up on three parcels owned by Dach, including the 16-acre farmland.

Some of Dimmer’s other arguments against the variance include:

¯ As outlined in town law, the town board has jurisdiction on this particular variance, not the ZBA.

¯ The ZBA failed to comply with State Environmental Quality Review regulations.

¯ The variance was improperly amended by adding a third lot, after it had been advertised that the variance would concern two parcels.

¯ Dach has not successfully proved that he can’t make a reasonable profit on the vineyard that sits on the property.

The state Supreme Court is set to hear Dimmer’s appeal July 17 in Mayville.