Photograph from CAGI
History of the Issue
Zoning issues have broad implications for the health and safety of nearby citizens. Silfab Solar is constructing a solar panel manufacturing plant in Fort Mill, South Carolina directly off Highway 21 near the I-77 interchange and surrounded by residential housing and adjacent to two public schools. The facility is being built in an area zoned as “Light Industrial” by the York County Zoning Department sparking significant controversy whether such an operation is appropriate for the location. The Rockefeller Group originally purchased the vacant building for $9 million. It now has a real estate deal in place to sell the building for $106 million to Exeter, with Silfab as the tenant.
In December 2022, a York County zoning technician, not the Zoning Administrator, issued a letter stating that Silfab’s production may be permitted in the Light Industrial zone. The letter stated, the use described in your request (manufacturing of photovoltaic cells and PV modules) is considered electrical equipment, appliance and component manufacturing and is therefore principally permitted.” However, assigning this use based on the North American Industry Classification System (NAICS) code meets only one of the conditions of the light industrial zoning. It fails to consider other factors such as prohibition to use and store hazardous chemicals, onsite treatment of hazardous waste, and compatibility with surrounding uses.
An adjacent property owner challenged this decision by filing an appeal with the York County Board of Zoning Appeals (BZA) in May 2024. The BZA unanimously ruled that Silfab’s Solar panel production was prohibited in the Light Industrial zone. However, in June 2024, York County management declared this ruling inapplicable to Silfab. This decision was baffling to many community members, including a local citizen, Tim Hegarty, who believed the decision was made without valid justification. “Building permits were subsequently issued to Silfab despite these procedural irregularities and construction began.” Silfab also appealed the BZA decision in Circuit Court and requested mediation.
The Legal Challenge
The County management’s action galvanized the community. In July 2024, the adjacent property owner, supported by the Citizens Alliance for Governmental Integrity, (CAGI) gained intervenor status in Silfab’s appeal and filed suit against York County, Silfab Solar, and Silfab’s landlord, Exeter, focusing on zoning violations.
In December 2024, Circuit Court Judge Martha Rivers stayed the CAGI lawsuit, stating it would be resolved through Silfab’s BZA appeal. However, that appeal was ordered to mediation, which ended in April 2025 in an impasse. This impasse did not resolve Silfab’s appeal and is still to be determined by the courts, which is why the CAGI lawsuit remains stayed. As of October 2025, both legal actions remain stalled with each waiting on the other’s resolution, creating a procedural deadlock that prevents any substantive decision.
This situation has serious implications for community health and safety. Residents living near the facility and families with children attending the nearby schools face the prospect of heavy industrial operations in a zone designated for lighter use. Without casting aspersions, some people involved with fighting these decisions like Mr. Hegarty question what the judicial system’s and local government’s true motivations really are. Hegarty states that, “Silfab is merrily under construction, and our hands are tied in the Judicial system.” This sentiment is entirely valid.
The deadlock of litigation leads one to think that corporate interests, financial gain, and tax revenues are being placed above the interests of Fort Mill citizens. CAGI remains committed to getting its suit reinstated and challenging Silfab’s appeal to ensure that government and corporate interests do not override the welfare of Fort Mill’s citizens.
If you are interested in learning more about Silfab Solar and wish to support CAGI, click the link below to visit their website. Also below is a video of candidate for governor, Ralph Norman’s August 2024 Town Hall with his constituents on the Silfab issue. It is pertinent from the 20-minute mark+/- to the finish.
CAGI
Fort Mill Town Hall