Judge McKinnon Says He Lacks Authority to Undo Another Judge’s Order in Silfab Case

On Tuesday, a York County judge refused to lift the stay that has blocked the lawsuit filed by the Citizens Alliance for Government Integrity against Silfab Solar and York County since the beginning of 2025; he cited a lack of jurisdiction to overturn an order issued by another circuit judge.

Judge William A. McKinnon denied the motion during a hearing in York County in Case No. 2024CP4603532, noting that he was not ruling on the merits of the case. The stay, ordered by  Judge Martha M. Rivers on January 29, 2025, keeps the case on hold pending a final decision  regarding the appeal of the York County Board of Zoning Appeals’ ruling. Judge McKinnon explained that such finality would only be reached once the appeal period for his own July 21 zoning order had expired, or once an appeal had been filed and resolved. He emphasized the rationale behind  this rule: if he were to lift the stay, Silfab could simply wait for a different judge to take  the bench in the county and ask for it to be reinstated.

Attorney J. Cameron Halford, arguing for the nonprofit, told the court circumstances have changed since the stay was entered. He said the plant is built and operating rather than under construction, that two chemical incidents followed within weeks of the county issuing a permanent certificate of occupancy in February, and that his clients cannot prove their claims without discovery. He cited language in the Rivers order stating discovery was stayed without prejudice.

A lawyer for York County said the county takes no position on the stay but will not consent to a putative class action seeking damages proceeding against it. Halford disputed that characterization, saying no dollar figure was pleaded.