Premier re-files zoning application (07/07/06)

An ethanol company has re-filed for a zoning to build a plant southwest of Portland in the wake of a lawsuit filed last week and a decision not to take a vote by a local advisory board which is a defendent in that suit.

Brian Minish, an official with Premier Ethanol LLC, said the company has once again filed for re-zoning this morning with Jay/Portland Building and Planning.

The request is to have the land zoned to planned unit development-industrial from agricultural.

The Portland Planning Commission was set to review the final detailed plans for the construction of the plant Thursday night.

Instead, the board chose to table the matter. Approval of the final plans is required before construction can begin.

Although the Portland City Council has already given its approval to the re-zoning request, a lawsuit against the ethanol company was filed June 30 in Jay Circuit Court requesting an injunction against construction of the plant.

If the plaintiffs win the suit, any decisions made by the commission and the council will be considered illegal and void. The project also will be halted.

Commission president Vicki Tague said after the meeting she thought it best not to take action on the plans because the commission’s attorney recommended such.

“The attorneys representing the city’s and Premier Ethanol’s interest needed adequate time to review pending litigation,” Bruce Hosier, mayor of Portland, said this morning. “We believe as soon as they complete their work this project will be back on track and moving forward.”

Tague said after the meeting that city attorney Bill Hinkle has stepped down as representing attorney for the commission in the suit. Attorney Scott Shockley of Muncie is serving as the commission’s lawyer in this matter, she said.

Minish said he was not shocked by the outcome of the commission meeting. “We knew that they had concerns before we got there,” he said this morning. “I respect (the commission’s decision) and whatever they think is the right thing to do we’ll go to work on it.”

Several residents who live within a half-mile radius of the site are seeking an injunction to prevent its development.

The suit alleges that Premier did not furnish complete preliminary plans to commission members before the board recommended the council re-zone the approximately 180 acres needed for the plant, along with other procedural errors.

Also named as defendants in the suit are the commission, the council, the city of Portland and Indiana Attorney General Steve Carter.

“Everything seems very minor and correctable and we fully expect to move ahead with the project as anticipated,” Minish said. “We need to clarify any concerns that they have and do whatever’s required in the legal process. Our next step is being clarified.”

Also Thursday, the commission recommended the council approve a request to re-zone a lot located on West Water Street to neighborhood business from industrial.

Jeff Stephen made the request because he wants to have a massage therapy practice at 925 W. Water St.

Before the commission made its decision, audience members were given the opportunity to voice any objections to the request. None were heard.

The re-zoning request is expected to go before the council July 17 at 7 p.m.

Also, a request for a special exception to allow the business in an area zoned neighborhood business is set to go to the Portland Board of Zoning Appeals Tuesday at 5 p.m.[[In-content Ad]]