A judge declined Wednesday, Aug. 26, to lift the stay freezing Silfab Solar's Fort Mill plant, saying he lacks authority to undo another judge's order.
Circuit Court Judge William McKinnon, identified as the presiding judge in court filings, made the decision at a hearing at York County's Moss Justice Center, WCNC reported. The stay, originally issued by Judge Martha Rivers, paused a citizens' lawsuit while Silfab's zoning appeal moved forward. It now remains in place as opponents push for discovery into the company's manufacturing practices.
"My understanding of the law is that one judge can't overrule another judge's ruling," the judge said during the hearing.
McKinnon explained that lifting the stay could allow Silfab to petition another judge to reconsider it.
What's at stake
The central question: whether Silfab's solar cell manufacturing qualifies as chemical manufacturing, which would violate the site's light-industrial zoning. The converted warehouse at 7149 Logistics Lane sits next to Flint Hill Elementary School and Flint Hill Middle School.
"Question is, what type of manufacturing? Because if it's chemical, it shouldn't be there," an attorney for the opponents said at the hearing.
York County took no side. An attorney representing the county told the court it "takes no position as to whether the stay should be amended."
No response from Silfab Solar to the Aug. 26 ruling appeared in public statements as of publication.
Background
McKinnon ruled July 21 against Silfab in its appeal of the York County Board of Zoning Appeals, affirming the board's 2024 decision that solar panel manufacturing is not a permitted use in the Light Industrial district. Silfab filed a motion asking McKinnon to reconsider.
Citizens Alliance for Government Integrity (CAGI), the nonprofit behind the Move Silfab campaign, filed a motion for injunctive relief on Aug. 14 asking the court to bar Silfab from running chemical manufacturing processes. The motion asks the judge to restrict the site to office, warehousing and distribution uses. The group's attorney is J. Cameron Halford of Barnwell, according to WRHI.
The dispute intensified after two chemical incidents in early March 2026: a 300-gallon potassium hydroxide spill on March 3 and a hydrofluoric acid leak discovered March 5. Flint Hill Elementary canceled two days of classes. The Fort Mill School District sent a letter July 24 to Gov. Henry McMaster, Attorney General Alan Wilson and York County Council asking for "immediate and decisive action" to restrict operations at the facility.
Furloughs and workforce impact
An unspecified number of Silfab employees were furloughed beginning Aug. 17, according to The Post and Courier. Silfab officials described the decrease as a "temporary period" to be resolved within a month.
State Rep. David Martin said in late July, as calls mounted for the county to act, "The community has waited long enough. It deserves a clear answer, and it deserves action."
No next hearing date in the zoning case has been announced. A status conference in a separate whistleblower lawsuit filed by former employee Jason Rhoades is scheduled for Sept. 24 before Judge McKinnon.
