A sign in Mahone Bay opposing the new solar garden plans that will likely require the town to expropriate land. Photo: Evan Taylor

The Town of Mahone Bay has reached a settlement with the residents pursuing a legal challenge over the new solar garden that is currently under construction.

The residents launched a judicial review that was to be heard in October to look into the legality of the development agreement for the project that was granted by the town.

Mayor David Devenne says that the lawyers representing both parties held a meeting in which it was determined that the judicial review would likely not yield a timely result and it would be costly for both parties. “It became a less expensive option for both parties involved and the other group chose to accept the offer and withdrawal the complaint.”

Although Mayor Devenne feels the town was in the right legally he was pleased a resolution could be made, “From the very beginning we believed that our development officer did everything within her purview when she granted the development permit,” said Mayor Devenne.

The site where the solar garden is being built sits atop a hill and is adjacent to the town’s wastewater facility, the project has required a large number of trees to be cut down which was also a concern of the nearby residents who cited potential drainage and flooding issues.

The site of the new solar garden in Mahone Bay has required many trees to be cut down. Photo: Evan Taylor

Work continued throughout the legal challenge, based on advice from the town’s legal team. It is expected to be operational by 2024.

Although the legal challenge has ended some of the homes closest to the solar garden construction site still have signs opposing the project, though it is worth noting that the signs direct you to a website that lays out they are not opposed to solar but some of the ways it is being implemented.

As the project moves forward the town still needs to fully determine where all the wiring to the main sub-station will go, there current plans would require them to expropriate land owned by some residents.