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Bacon/Saxe Supervisor Will Garnett sat before a judge on Monday afternoon, Dec. 20, to determine whether a case to remove him from his position on the Charlotte County Board of Supervisors should proceed.

During the brief appearance, Judge Kimberly White appointed Prince Edward County’s Commonwealth Attorney Megan Clark as special prosecutor to determine how the case would proceed.

“Before the matter even proceeds, an elected Commonwealth’s Attorney would be required to review what’s being asked and whether even to proceed,” said White.

In November, George Toombs and 120 other citizens in the Bacon/Saxe district petitioned the Charlotte County Circuit Court for Garnett’s removal, citing neglect of duty, misuse of office and incompetence in performing duties.

On Monday, there was no Commonwealth’s Attorney present before Judge White.

According to White, Charlotte County’s Commonwealth Attorney, William Green was notified of the petition and case late last week, and there was not enough time to review the documents.

“Question is does this matter proceed, or do I dismiss it because there is no Commonwealth Attorney here,” said White.

The petition for removal stems from Garnett’s alleged actions surrounding the much-debated Randolph Solar facility, an 800-megawatt solar site proposed for Garnett’s district.

According to court documents, in January 2020, following Garnett’s swearing-in, he signed documents stating he did not have any business interests or rental property. Garnett, however, did acknowledge he had an interest in agricultural property in the county with his father, Kirk Garnett. “On numerous public occasions, he referred to this property as ‘his father’s farm,’” the court document states.

Documents also state that on May 10, Garnett made a motion during a Board of Supervisors meeting to place a moratorium on solar facilities seeking to develop in the county.

According to the petition, on May 27, SolUnesco, the developer of Randolph Solar, paid Kirk Garnett for an option on his farm.

In addition, documents filed alleged that Kirk Garnett does not own the property; instead, it is owned by Will Garnett and his siblings.