| Ethanol plant's opponents seek restraining order (from the Daily Globe of January 20.)
The opponents of a proposed ethanol plant in Ford County are seeking a temporary restraining order and injunction, which would block construction until a judge rules on whether Boothil Biofuels LLC should have received a conditional use permit for the plant.
The plant's opponent have already filed a lawsuit asking the court to void a county resolution granting a permit for the project.
"I think they should follow the rules," said plaintiff Cletus Helfrich when asked why he decided to participate in the suit.
Filed Jan. 16, the lawsuit argues that the Ford County commissioners violated county zoning regulations when they granted a conditional use permit to Boothill Biofuels. According to the petition on appeal, the company did not follow the zoning laws when it filed an application and development plan for the plant.
"I'm hopeful that the judge will approve the action of the Board of County Commissioners," said the county's legal counselor, Glenn Kerbs.
Commissioner John Swayze said he hopes for a favorable ruling, but he recognized that the outcome it will depend solely on whether or not the commissioners followed the law.
Commissioner Terry Williams said, "I felt with our lawyer saying everything looked like it would be OK, I went ahead and voted for it (the resolution granting the permit.) If it had looked like we didn't do it by due process, I would not have voted for it. I still think it's a great project, and it saddens me that we have to go to court."
A hearing concerning the request for a restraining order has been set for Jan. 29, and the commissioners may receive support from an outside source.
Boothill Biofuels attorney David Rebein said the company plans to ask the judge for permission to participate in the lawsuit.
"This is about our project, and we're obviously very interested in the outcome of the litigation," said Rebein. "We feel like we should have been involved in the litigation from the beginning. ... We're ready and eager to defend the project."
Whether or not the courts will agree remains to be seen, but Rebein seemed optimistic Friday.
"We anticipate that that will be granted," he said.
So far, the lawsuit has not put a damper on the plant's progress.
"Our timeline has not been affected at all," said Gary Harshberger, president of Boothill Biofuels. "We're moving along, and we're going to start talking to investors in a couple weeks."
Even if the judge denies the request for a temporary restraining order and injunction, hearings to decide whether or not the resolution was lawful will continue, although a date has not yet been set.
"I would hope that the proceedings would be expedited and that the matter could be heard by the court in a rather quick fashion," said Kerbs.
Attempts to reach Commission Chairman Kim Goodnight, the remaining eight plaintiffs and plaintiffs' attorney Jack Shultz for comment were unsuccessful.
Well Glenn, I am hoping that the Judge finds you wrong. I for one am just plain tired of our County Commissioners thinking they are God Almighty. They should be required to follow our laws just like anyone else. Further, unlike the rest of us, they have you to explain what those laws are.
Yea, Glenn is hopeful but he is not going to hold his breath.  |