SHUTESBURY -- A new federal lawsuit claims that members of the Planning Board and the Chicago-based Lake Street Development conspired to deprive Native Americans and "Syncretic Spiritualists" of their religious and civil rights by banning them from land slated for a controversial six-megawatt solar array.

The Aug. 17 complaint seeks an injunction "to force the Shutesbury Planning Board to abide by state and federal laws to investigate possible burial sites" on the 30-acre tract off Pratt Corner Road.

Foes of the proposed solar development in recent months have claimed the site may be the location of an Indian burial site, or may host sacred stone structures.

The suit was filed by resident Rolf Cachat-Schilling, who identifies as a member of the St. Regis Mohawk tribe, and five other plaintiffs. Cachat-Schilling told The Republican he does not have a lawyer and wrote the complaint himself.

The complaint claims violation of plaintiffs' constitutional rights to equal protection under the law and freedom of religious expression. It cites the Religious Land Use and Institutionalized Persons Act, U.S. Department of Interior rules around Native American traditional landscapes and the Indian land deeds of Hampshire County.

Cachat-Schilling's narrative claims Planning Board member Jeff Lacy improperly acted as an advocate for developers. Lacy did so in part by "obstructing Native Americans and Syncretic Spiritualists of the Northeast Church from accessing numerous religious sites across town." Lacy "harassed private citizens during religious observances," the complaint alleges.

The complaint claims Planning Board chairman Deacon Bonner "failed many times to maintain Massachusetts Town Meeting Standards" and "abused his office through inaction."

Named in the suit are the town's Planning Board, Bonnar, Lacy and Lake Street development principals Marnin Lebovits and Zachary Schulman.

Lebovits, reached by telephone Wednesday, said Cachat-Schilling's lawsuit is "unfounded and without merit, and we will move swiftly to put it to bed."

Special Permit issued in June

The Planning Board in June issued a special permit for the project. The permit required that Lake Street commission an archaeological report to determine if the land contains Indian burial mounds or sacred stone structures. The report found that no such features exist. A separate archaeologist hired by the Planning Board criticized the report's methodology, but agreed with its conclusions.

Solar farm opponents say the report was inadequate in part because Tribal Historic Preservation Officers were not allowed to walk the property. "The principals Lake Street Development will not allow Tribal Historic Preservation Officers to inspect the site," states the legal complaint.

W.D. Cowls president Cinda Jones has posted 800 acres of her Shutesbury land, including the 30-acre tract that she plans to lease to Lake Street for the solar farm. Cowls is the state's largest forest landowner. Neither Cowls nor Jones are listed as defendants in Cachat-Schilling's lawsuit.

A group called the Alliance for Appropriate Development has been fighting the solar project for about a year. The group has tried to derail the plan by invoking zoning, wetlands and endangered species. The idea that the site next to a power line is "sacred ground" was first raised by New Salem resident Sarah Kohler, who attended a Shutesbury Planning Board hearing in June.

Lebovits said Wednesday the Alliance is "playing upon emotions and using the Native Americans for their own purposes to stop the project." He described the latest claims by solar farm foes as "classic NIMBY" and a "Hail Mary pass."

Lebovits said Lake Street wishes to be respectful of Native concerns, but has no power over decisions made by Jones over access to her land. "It's out of our control," he said.

Jones, reached by telephone, said she did not wish to comment on the solar controversy at this time. She said Cowls has traditionally allowed "respectful public use" of company land, and that she had the property posted after violations of the company's public access policy.

Recent public meetings on the matter have been contentious, with neighborhood solar foes and representatives from Indian tribes taking aim at local officials. Donna McNichol, the town's lawyer, told protesters they were asking the Planning Board to take actions that are beyond its authority.

Cachat-Schilling started an online petition that blasts Lake Street and the Planning Board for intending to "dig up a suspected burial ground" for the solar farm. The petition has gained nearly 2,000 signatures. The petition website displays a photo of stone structures in the woods. However, the photo was not taken on the site of the proposed solar array, said Michael Pill, a Shutesbury resident and lawyer for Lake Street.

Co-plaintiffs in the federal lawsuit are Michael Suter, of Shutesbury, Alejo Zacarias and Kohler, of New Salem, and James Schilling-Cachat, Cachat-Schilling's husband.

Shutesbury administrator Becky Torres said she has spoken with McNichol about the matter, and that no decision has been made regarding the town's course of action. Cachat-Schilling did not immediately return a telephone call seeking comment.