Babb v. Missouri Public Service Commission

GARY D. WITT, Judge.

INTRODUCTION

The Board of Aldermen (“Board”) for Clarkson Valley, Missouri (“City,” collectively including the Board), denied the application of James and Frances Babb (“the Babbs”) for a Special Use Permit (“SUP”) for the installation of a solar energy system (“system”) on their home. The Board denied the Babbs’ application based on an ordinance addressing solar energy systems. The Babbs, along with the Missouri Solar Energy Industries Association (“MOSEIA”), filed suit alleging inter alia that the City’s ordinance was preempted by the State’s permissive regulations on…