The Fort Mill School Board voted Friday to have the district ask a judge for permission to join the court case between York County and Silfab Solar over the company’s Fort Mill plant.
The vote came at a special called meeting after board members met in executive session with district counsel. The board instructed district administrators and attorneys to seek the court’s permission to intervene in the declaratory judgment litigation, according to a district release issued after the meeting.
The district said it wants to ensure the interests of its students, teachers, staff and families are adequately represented and that its health and safety concerns are heard by the court.
What the case is about
York County and Silfab filed competing lawsuits on Oct. 16, and both ask a judge for a declaratory judgment on whether a 2024 York County Board of Zoning Appeals decision affects Silfab’s right to manufacture at 7149 Logistics Lane. Both cases are in York County Common Pleas Court, and neither side is asking for damages.
Silfab argues that zoning interpretations apply only going forward, that County Council ratified the plant’s use when it approved incentives in 2023, and that the county cannot reverse course after the company relied on its approvals and invested hundreds of millions of dollars. The company has said its filing aligns with the county’s effort to get clarity.
Circuit Judge William A. McKinnon’s earlier ruling upheld the zoning board’s order but did not decide whether it applies to Silfab’s already permitted plant, and York County was not a party to that appeal.
Why the district is involved
The plant sits near Flint Hill Elementary School, which closed after chemical spills at the Silfab site in March, forcing makeup days for students. In July, the school board and Superintendent Grey Young sent a letter to state and county officials raising concerns about the facility.
If the court grants the district’s request, Fort Mill School District would become a party to the case alongside the county and the company.
Fort Mill School Board meetings can be watched live or on demand on the district’s YouTube channel at youtube.com/@FortMillSchoolDistrict.
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Thomas Hyslip lives in Tega Cay with his wife and daughter. After 27 years in the U.S. Army and Federal Law Enforcement, he retired to pursue his passion for teaching. Tom is now an Associate Professor of Instruction at the University of South Florida. In 2 short years he has won 10 awards from the South Carolina Press Association, including first place in column writing, education beat reporting and best podcast.
