Move Silfab Takes the Fight to The Supreme Court of The United States (SCOTUS)

Fort Mill families, we have a major update.

Citizens Alliance for Government Integrity (CAGI), the community organization behind Move Silfab representing more than 8,000 community members, has filed a Petition for a Writ of Certiorari with The Supreme Court of The United States (SCOTUS) related to York County’s approval of Silfab Solar’s facility directly next to Flint Hill Elementary and Middle Schools, and dangerously close to nearby homes, schools, day care facilities, and retirement communities.

This filing follows years of legal battles surrounding the York County Board of Zoning Appeals’ (BZAs’) unanimous May 2024 ruling that solar-panel manufacturing was not permitted within the site’s Light Industrial zoning district.

Despite that ruling, and in clear violation of the zoning code, York County began issuing permits to Silfab to upfit their warehouse and build new chemical and treatment buildings in the summer of 2024.

Why SCOTUS? Why Now?

Community members have pursued multiple legal avenues within South Carolina courts. Meaningful relief has either been delayed or denied while construction continued moving forward.

Among the key developments:

• The BZA issued a unanimous ruling that the proposed use was prohibited within the zoning district.

• County officials began issuing permits after that ruling.

• Circuit court proceedings were stayed without halting construction activity.

• Additional legal actions brought by nearby residents were dismissed or delayed.

• In December 2025, the South Carolina Supreme Court declined original jurisdiction over a petition seeking mandamus, prohibition, and injunctive relief.

  
  

At the same time, construction continued.

The combination of ongoing construction and unresolved legal questions created an urgent need for federal review before the project becomes irreversible.

What Is This Case Really About?

While the case centers on Silfab Solar, the issue reaches far beyond a single facility or one community.

At its core, the case asks whether local governments can ignore zoning codes, binding zoning rulings, and appeals by adjacent land owners to issue new permits without zoning compliance, rezoning, variances, or other lawful authorizations.

The petition frames the issue as a constitutional due process question under the Fourteenth Amendment involving equal protection under the law and limits on government authority.

We still have three pending lawsuits in South Carolina courts that could ultimately deliver a win for our community.

However, ordinary state litigation has not kept pace with rapid construction. Harm is imminent and potentially irreversible, particularly as work continues next to the Flint Hill schools, neighborhoods, day care facilities, additional schools, and retirement communities while major legal questions remain unresolved.

The petition also argues that the South Carolina Supreme Court’s decision to decline original jurisdiction underscores why the case is now “ripe” for review by the United States Supreme Court.

This case is about far more than Silfab Solar. It raises broader constitutional questions surrounding the Due Process Clause of the Fourteenth Amendment, including equal protection under the law and limits on government action.

Why This Matters Beyond Fort Mill

The petition argues the case presents issues The Supreme Court of The United States (SCOTUS) often considers when deciding whether to grant review.

Among them:

• Questions of national importance involving zoning enforcement and local government authority

• Conflicting federal court interpretations surrounding constitutional protections in land-use disputes

• A fact pattern that clearly presents the legal questions at issue

  
  

Federal courts across the country have reached different conclusions on when local land-use decisions may rise to the level of constitutional violations under the Fourteenth Amendment.

Allowing governments to disregard binding zoning rulings without meaningful accountability could weaken the authority of BZAs nationwide.

Experienced Supreme Court Counsel

The petition was filed by Lauren Joseph Wolongevicz of Appellate Counsel, PC, a law firm with significant appellate and Supreme Court experience, including multiple cases before SCOTUS.

What Happens Next?

If the Supreme Court agrees to hear the case, the outcome could help clarify constitutional limits surrounding local permitting authority and zoning enforcement.

If the Court declines review, CAGI will immediately continue pursuing federal claims in district court alongside its ongoing South Carolina litigation.

The fight is far from over.

Funding the Fight Ahead

Pursuing a top-tier case before SCOTUS comes with significant legal costs. Community leaders estimate the total cost of the effort at approximately $75,000.

About half of that amount has already been committed through private fundraising efforts. The remaining funds are now being raised through community support.

This legal effort is being funded by ordinary residents who believe Fort Mill families deserve transparency, accountability, and lawful process.

How You Can Help

• Share this update

• Talk to your neighbors

• Support the legal fund if you are able

• Stay engaged as the case moves forward

  
  

York County chose corporate interests over public safety and the rule of law. We are choosing to fight for our children, our community, and lawful process.

Together, we will Move Silfab.