The Pivot Energy lawsuit drawing the most attention is a $56.7 million earnout dispute filed in Delaware’s Court of Chancery in March 2026, in which a solar developer accuses the Denver-based company of deliberately sabotaging a joint venture to avoid paying out performance-based compensation. Pivot Energy is also fighting a Pennsylvania zoning appeal it brought after a township rejected one of its solar farms, has lost or barely won similar zoning fights in Illinois, and has drawn a handful of consumer complaints tied to its community solar billing.
The $56.7 Million Delaware Earnout Case
On March 13, 2026, a solar developer and its founder sued Pivot Energy Inc. and two of its executives in the Delaware Court of Chancery, alleging the defendants intentionally undermined a joint venture so that community solar performance targets tied to $56.7 million in earnout payments would go unmet.1Law360. Solar Developer Sues in Del. Over $56.7M Earnout Dispute
Earnouts are a standard piece of acquisition deals: part of the purchase price is deferred and paid only if the acquired business hits agreed benchmarks after closing. The plaintiffs’ theory is that Pivot Energy engineered conditions that made those benchmarks impossible to reach.
Potter Anderson and Richards Layton are involved in the litigation. As of the filing, only the complaint had been reported, with no rulings or significant motions in the docket. The plaintiff company and its founder have not been publicly named in reporting on the case.1Law360. Solar Developer Sues in Del. Over $56.7M Earnout Dispute
Ransom Township Zoning Appeal
Pivot Energy is separately in court in Pennsylvania. In June 2025, supervisors in Ransom Township denied a conditional use permit for a solar farm the company planned to build on township-owned land under the name Elk Development LLC. The project called for 6,550 solar modules across 18 acres of a 200-to-300-acre parcel at Ransom and Lower Narrows roads, with a planned output of 2.9 megawatts. A memorandum of lease between the township and Elk Development had already been signed in December 2023 and recorded in February 2024, running 20 years with two 10-year renewal options.2The Times-Tribune. Ransom Twp. Supervisors Deny Plans for Solar Farm
Supervisors found the project incompatible with surrounding development, citing harm to the area’s rural character and property values, and said Pivot Energy had not adequately addressed glare or nuisance risks to neighboring roads and properties.2The Times-Tribune. Ransom Twp. Supervisors Deny Plans for Solar Farm
Pivot Energy appealed to the Lackawanna County Court in late June 2025, represented by Richard Williams and Tara Giarratano. The company argues that neither the township nor the objectors offered evidence the project violated zoning requirements or would meaningfully harm community health, safety, or welfare. In February 2026, the township filed an opposition brief attacking the company’s glare study as incomplete because it left out affected surrounding properties. The appeal was still pending as of March 2026.3The Times-Tribune. Ransom Twp. Defends Rejection of Solar Farm Amid Appeal
Other Zoning Fights in Illinois
The Ransom Township appeal is not an isolated fight. In Adams County, Illinois, Pivot Energy’s Ghost Hollow project was initially rejected by the county board on a 12-8 vote in July 2025. After the board reconsidered, it approved the special use permit 17-4 on August 12, 2025. Members concluded that because Adams County had no local zoning regulations, they lacked authority to reject a project that met state-regulated requirements.4Quincy Herald-Whig. County Board Approves Ghost Hollow Solar Project
In Winnebago County, Illinois, the Zoning Board of Appeals voted unanimously on May 13, 2026, to reject a Pivot Energy solar farm proposed next to Curran’s Orchard, a business operating for about four decades. Board members said the paperwork was in order but the location was wrong for the use. Orchard owner Pat Curran said the panels and required eight-foot cyclone fence would have a “devastating impact” on the business.5WIFR. Winnebago County Zoning Board Votes Down Proposed Solar Project Next to Curran’s Orchard6WREX. Zoning Board Rejects Solar Farm Next to Winnebago County Apple Orchard
Consumer Complaints Over Community Solar Billing
Outside of court, Pivot Energy has drawn a small number of Better Business Bureau complaints tied to its community solar subscription program. As of mid-2026, the BBB had logged three complaints against the company over the prior three years; two were resolved and one was unanswered. The company is not BBB-accredited.7Better Business Bureau. Pivot Energy Complaints
The complaints share a pattern. Customers said phone calls and emails to cancel subscriptions went unanswered. One complaint alleged a sales representative did not disclose that Pivot Energy would bill the customer directly instead of routing charges through the utility. Another said the company ignored multiple written cancellation requests and kept attempting charges. In the two resolved cases, Pivot Energy eventually processed the terminations.7Better Business Bureau. Pivot Energy Complaints These are individual complaints, not a class action or regulatory enforcement matter.
Who Owns Pivot Energy
Pivot Energy was founded in 2009 and is based in Denver, Colorado. It develops, finances, builds, and operates solar and energy storage projects, with an emphasis on community solar and dual-use agrivoltaic sites.8PR Newswire. Pivot Energy Achieves Record Milestones in 2025 Investment funds affiliated with Energy Capital Partners bought the company for $67 million in June 2021 through a receivership sale connected to the SEC’s enforcement action against TCA Fund Management Group, where the business was then known as TCA Microgrid Energy, LLC.9TCA Fund Receivership. Fourth Quarterly Status Report ECP still owns Pivot Energy as of 2026,10Energy Capital Partners. Pivot Energy Portfolio Page and Tom Hunt has been CEO since 2019.11Pivot Energy. About Us