The Globe has their story and here is the rest of the story.
This is what the County of Ford, in open court, made a clean breast to.

**** The County of Ford admits that the application (all three of them) was not signed prior to the public notice hearing in the Globe on November 4th, 2006.

**** The County of Ford admits that the application WAS BACKDATED by Mark Shirwise, the Zoning Administrator from November 9th to November 3rd, 2006 to try to make it look like the application was signed on the correct day.

**** The County of Ford admits that the application fee was not paid until November 9th, 2006.

Zoning Regulations state that the application has to be signed and the application fee has to be paid prior to the Public Hearing Notice in the Official County Newspaper.

Jack Shultz, attorney, was able to unquestionably prove that there was no “Development Plan” submitted with the application and what was finally submitted on November 20, 2006 was not a Development Plan. He said: “You can't just take a bunch of papers, staple them together and put 'Site Development Plan' on it,".

Taken from the Biofuels “Development Plan” page 9 and 10

(“Which has not been hired yet” was added by Jack Shultz in his summary of the case before Judge Daniel Love).

“The following is taken from Article 12 of the Ford County Zoning Regulations. It addresses various aspects of the design that may or may not be available at present as indicated. Updates of these aspects of the development plan can and will be provided as the project progresses,

1) A Development Plan, drawn to the same scale as the topographic survey, indicating:
a) Existing and proposed contours (1 -foot intervals)
1) Tentative-See Diagram C- A civil engineer needs to be hired do the site grading plan, storm drainage, etc. The civil design typically takes 1-2 months.
b) Location and orientation of all existing and proposed buildings;
i) The site is a Greenfield site with no existing structures, Proposed buildings are identified in Diagram D.
c) Parking areas, including arrangement and number of stalls;
i) Tentative-See Diagram B~C and D. Approximately 70+ parking stalls but final number to be determined at a later date by the civil engineer. (which has not been hired yet.)
d) Areas to be developed far screening, including the location of plant materials, and screening structures and features;
1) Final landscaping to be determined at a later date; however, we will have a fence in place for security purposes in designated locations throughout the site.
e) Pedestrian and vehicular circulation, and their relationship to existing streets, alleys and public right-of~way;
i) Tentative-See Diagram B, C and D. This is done by the Civil Engineer. (Which has not been hired yet) Traffic circulation will be addressed in a Traffic Study which will be done in the immediate future. Direct discussions with KDOT have been held and initial discussions with the Wright community have occurred. A comprehensive traffic plan will include input from all resident and regulatory participants as well as the BNSF, with safety the foremost consideration,
f) Points of ingress and egress;
i) See e (i) above.
g) Location of all existing and proposed utilities (sanitary sewage systems, water systems, storm drainage systems, gas lines, telephone lines and electrical power lines);
i) Storm drainage systems are being considered and will be addressed at a later date by Civil Engineers. (Which has not been hired yet) No existing utilities are on the site. Boot Hill has employed US Energy Services to explore the optimal means for delivering the appropriate electrical and natural gas infrastructure to the site, Preliminary reports from US Energy indicates multiple options for each and few impediments.
h) Location of Proposed Utilities-

i) See g(i), The proposed utility design will be done by the Civil Engineer and 1CM electrical, (Which has not been hired yet)
i) Drainage controls (retention or detention ponds);
I) These are designed by the civil engineer (Which has not been hired yet) and require that the civil engineer (Which has not been hired yet) conduct a drainage study, complete the calculations, do the site grading design, etc.
,j) Location, size and characteristics of identification and business signs;
i) We will have an entrance sign in place and will follow any guidelines and limitations set forth by Ford County,
k) Lighting layout, appurtenances, and intensity of illumination;
i) We will have ample light as required by OSHA during construction; This is designed by 1CM electrical after the site layout is complete. 1CM designs all outside plant lighting to limit light pollution by attempting to direct light downward and only as and where needed,
I) Proposed finished floor elevations of all buildings and structures,
i) This cannot be done until the civil engineer (Which has not been hired yet) has completed the site grading, rail design, etc. An estimate of the size and dimension of significant structures based on the Arkalon design can be found on Diagram 0,

The final design determination for significant aspects of the Development Plan require further study and engineering. (by an engineer which has not been hired yet).”
End of page 10

As Jack Shultz read this, the lady doing the computer work (Powerpoint) for the Rebein legal team could not keep from laughing. Dave Rebein just hung his head. Mr. Goodnight looked lost and Mark Shriwise looked like he could faint any minute.

Glen Kerbs in his presentation tried to tell Judge Love that the Development Plan is only for the Zoning Board and the County Commissioners to have and sturdy. That there is no need for interested citizens of Ford County to have a copy or be able to view this so that they can go to the Public Hearing and deliver an informed opinion.

I got the feeling that that did not fly well with Judge Love.

Jack Shultz again: “They want you to believe (the county administrator) can make it up any way he wants to or ignore it any way he wants to," said Shultz. "These regulations are meant to be followed."

I can tell you what I got out of this. I can’t think of a better way to kill public confidence in Ford County Zoning Law then to allow this abuse to continue. They should be made to start all over. The backdating of documents, by the zoning administrator, was enough for me to decide that enough is enough.

I can only hope that Judge Love was just as mad as I was.