A pivotal legal battle over the future of a solar cell manufacturing facility in York County is officially moving to the courtroom.
The grassroots citizen action group “Move Silfab” has secured a court date of May 26, 2026, in South Carolina Circuit Court. The group is appealing a controversial decision that allowed Silfab Solar to operate its manufacturing plant near residential zones and schools, a move they argue violates local zoning laws and poses serious safety risks.
The controversy centers on the interpretation of York County’s zoning regulations. In May 2024, the York County Board of Zoning Appeals unanimously ruled that solar cell manufacturing — a high-intensity industrial process involving hazardous chemicals — was not a permitted use for properties zoned “Light Industrial.”
Move Silfab contends that despite this clear BZA ruling, York County staff and Silfab Solar proceeded as if the manufacturing use was allowed, allowing the facility to develop and operate. The group argues that the county bypassed its own legal procedures and that a necessary “change of use” was never formally granted.
“The BZA is the final arbiter of zoning interpretations for the county, not staff,” Move Silfab stated in a public announcement regarding the hearing. “We are confident that when the law and the facts are presented, the court will affirm the BZA’s original decision that Silfab’s manufacturing operation is illegal.”
The Silfab Solar facility, located on Twin Rivers Road, manufactures solar cells using high-volume processes that utilize chemicals such as silane and phosphine gases, as well as corrosive acids. Its proximity to residential neighborhoods and specifically to Flint Hill Elementary School—which is only a few hundred yards away—has been the driving force behind the Move Silfab movement.
“The core of this issue is public safety,” said Sarah Davidson, a spokesperson for Move Silfab and a resident of the adjacent neighborhood. “We are not anti-solar, but we are anti-hazardous-manufacturing when it is 500 feet from a child’s classroom. This isn’t theoretical anymore.”
The sense of urgency has been heightened by recent incidents at the facility. In early March, the plant experienced two hazardous material releases in just three days, involving potassium hydroxide and hydrofluoric acid. The second leak prompted the proactive closure of Flint Hill Elementary for two days, causing regional disruption and public alarm.
The South Carolina Department of Environmental Services and the EPA have since issued a “total stop” directive, halting the facility’s complex cell manufacturing operations pending an investigation and certification by third-party safety engineers.
The May 26 hearing, to be held at the Moss Justice Center in York, will focus on the specific legal grounds of the BZA appeal rather than the environmental safety specifics. However, the outcome of the zoning challenge could effectively invalidate Silfab’s current operation and require the company to relocate its manufacturing processes to a correctly zoned “Heavy Industrial” area, far from schools and homes.
The hearing will be the first time a judge will review the legality of the county’s decision to allow Silfab Solar to operate.
