The York County Council met in a nearly four-hour executive session Thursday night to consult with legal counsel following a judge’s ruling that Silfab Solar’s manufacturing facility in Fort Mill fails local zoning rules.
Despite Circuit Court Judge William McKinnon issuing an order affirming the York County Board of Zoning Appeals’ (BZA) May 2024 decision — which determined that solar cell manufacturing is not a permitted use in light-industrial zones — the council returned to open session without taking action.
York County Council Chairwoman Christi Cox announced following the closed-door meeting that the council had been gathered solely to receive legal advice. She noted that a hearing for reconsideration had been set for Aug. 26 at 11 a.m. at the Moss Justice Center.
“We understand the order that was issued is not a final order,” Cox stated during the meeting.
However, the signed court documents explicitly label the decision as a “Final Order and Judgment,” concluding that the BZA’s May 30, 2024 decision is “AFFIRMED in all respects.”
Company Operations and Discrepancies
The legal battle stems from Silfab’s converted warehouse facility on Logistics Lane in Fort Mill. Silfab began operations at the site at the start of 2026. Following reports of chemical leaks at the facility, the South Carolina Department of Environmental Services restricted the plant’s activities to assembly work pending compliance with specific safety requirements. No injuries were reported.
Silfab executives have maintained that the court ruling does not impact their current operating status or safety compliance. In a July 29 letter to the council, Silfab President and CEO Paolo Maccario asserted that the lawsuit was intended to secure future operational expansions beyond the current certificate of occupancy, rather than invalidate current permits.
“The decision involved a zoning interpretation and did not address the safety, quality or regulatory compliance of our existing operations, nor does it affect ongoing operations at the facility,” Maccario wrote.
Conflicting statements have also emerged regarding the plant’s immediate operating schedule. Silfab announced it plans to temporarily idle production at the Fort Mill location from Aug. 5 through Aug. 11. Conversely, Cox stated Thursday night that the company would cease production through the Aug. 26 reconsideration hearing.
Attorneys for Silfab argued in their petition for reconsideration that Judge McKinnon misapplied legal precedent and that the court’s conclusions did not align with the original rationale provided by the zoning board. All parties, including adjacent local property owners who joined the case, are scheduled to appear at the Aug. 26 hearing.
