As reported in REM in August 2013, Jim and Frances Babb of Clarkson Valley, Missouri, an affluent suburb of St. Louis, initially sought city approval to install solar panels on their home in November 2011.
The City of Clarkson Valley's Board of Aldermen responded by imposing a moratorium on all such projects and latter passed two ordinance imposing specific requirements on anyone wanting to install a residential solar system.
Among these were a requirement that homeowners obtain a special use permit for the installations.
The Babbs then submitted an application for such a permit, but their request was turned down by the city's planning and zoning commission without explanation.
The couple then took their battle to court, filing a complaint against the city in Missouri's Cole County Circuit Court. The Babbs prevailed, and later had their victory upheld by a state appeals court.
They then installed their panels and they've been in place ever since. But the Babbs' apparent victory was not the end of their legal difficulties.
In October 2014, the Kehrs Mill Estates Residents Association, the homeowners association for the community in which couple live, sued them in St. Louis County seeking to impose a $400-per-month fine for not obtaining its approval to install the solar panels.
Earlier this month, the Babbs won their latest battle over their solar panels.
State Circuit Judge Gloria Reno held the association did not comply with its own subdivision covenants and waited too long to file its lawsuit.
In addition, Judge Reno said, the subdivision trustees asked the subdivision residents to vote in May 2014 on whether to sue the Babbs. Over 50 percent voted not to file a lawsuit, but the subdivision trustees did so anyway.
The court concluded that the vote of the residents had waived any claims brought by the trustees.
“We are very pleased with the ruling” said James Babb. “Our solar system has been up and running without any problems since 2012.”
Frances Babb added that the case has been a “long and emotional ordeal” giving her and her husband many sleepless nights, but that they are glad it is finally over.
“The Court’s decision shows that subdivision trustees do not have unfettered discretion to just run amok and sue other residents whom they don’t like” said Steve Jeffery, an attorney in Chesterfield who represents the Babbs. “Hopefully, as a result of the Babbs’ ordeal, local officials and subdivision trustees will come around and realize that solar energy is here to stay and provides significant benefits to our local communities all across Missouri.”
For additional information:
Renewable Energy Magazine interview with Jim and Frances Babb, 1st August 2013
