Cinnamon had hoped in August that the town council would overturn the planning commission's denial of his request that his solar panels remain without a screen. Instead, the council voted unanimously to uphold the planning commission's decision. In its ruling, the council found that having the panels remain visible was inconsistent with town policies that require screening of rooftop mechanical equipment on commercial buildings.

Cinnamon is suing the town because he believes Los Gatos officials were wrong to categorize solar panels as mechanical equipment since they have no moving parts. Other apparatuses the town considers to be mechanical equipment include air conditioning units.

"We hope the judge comes to the same conclusion we did, which is that the town erred in understanding its policy," Cinnamon said.

The night the council voted to uphold the planning commission's decision, council members also instructed town staff to review policies to see whether modifications could be made to allow solar panels to remain visible without compromising the town's aesthetic values.

"I am very disappointed that Akeena initiated the suit knowing full well the council asked town staff to do that," said Town Attorney Orry Korb.

Recently, the town's general plan committee discussed commercial design guidelines and has called a meeting for Dec. 10 to discuss green building techniques that would reduce consumption of natural resources for future generations.

"We're looking at this in a far more holistic manner than just solar panels," said Bud Lortz, director of community development, adding that the issue of solar panels is just one part of what the town is reviewing.

Nick Petredis, Cinnamon's attorney, said his client was "reluctantly" bringing forth the suit, as Cinnamon was aware that the town was already taking steps to modify its policies. However, Petredis said, Cinnamon had no choice because he had exhausted all other avenues of appealing the planning commission's decision regarding his solar panels.

"We wouldn't have brought this petition unless we believed this is a meritorious case," Petredis said. "We believe the town did not have the discretion to require Akeena to screen."

The town had approved Cinnamon's request to install solar panels in December 2002, with the condition that all panels be screened. When the town later learned that three panels were still visible from the street, Cinnamon appeared before the planning commission again and asked that the town either accept this or allow him to screen the panels with additional dark-blue solar panels. But planning commissioners, and later town council members, determined that the panels had to be screened with latticework.

Los Gatos officials and town staff have been quick to point out that they support alternative energy sources and that they approve of Cinnamon's initial request for solar panels. However, council members have also noted their responsibility to balance the desire for renewable energy with the need to maintain standards of architectural excellence.

"There is a way to coexist with aesthetics," Petredis said of solar panels.

But, he added, "If the priority is always aesthetics first, it flies in the face of technology."

The California Solar Rights Act states that municipal governments may impose reasonable restrictions on solar energy systems so long as the restrictions do not "significantly" increase or decrease by 20 percent either the cost of the system or its efficiency.

The panels on Akeena Solar are positioned at a 30-degree angle. Laying them flat would make them no longer visible, but that would also reduce the system's efficiency by 11 percent, Cinnamon said. Putting a screen around the company's rooftop would increase costs by 50 percent, he said.

By law, the town of Los Gatos has one month from the date that the suit was filed—Nov. 17—to respond. A county superior court judge will then review the case and make a decision.