Frank T. Wike v. Grandview Solar Project LLC

Summary

The Court held that the Town of Grandview’s failure to satisfy statutory and local prerequisites for exercising extraterritorial zoning jurisdiction made its special-exception approval voidable rather than void. Because the approval was authorized in general by the enabling statutes, the Landowners were required to challenge it within the thirty-day judicial-review period, and their later declaratory-judgment action was an impermissible collateral attack. The Court therefore affirmed summary judgment and rejected the challenge to the settlement agreement.