July 23, 2014 at 2:10 p.m.
Suit seeks to halt ethanol plant (07/01/06)
By By RACHELLE HAUGHN-
Opponents of a proposed ethanol plant near Portland are seeking an injunction to prevent its development, arguing that rezoning procedures were not followed correctly.
Several residents who live within a half-mile radius of the site of the planned Premier Ethanol LLC plant, which would be located southwest of Portland, are suing the ethanol company, the state’s attorney general, the city of Portland and two local boards.
The suit filed Friday in Jay Circuit Court alleges that Premier Ethanol, the company building the plant, did not furnish complete preliminary plans to the Portland Planning Commission and did not properly follow the procedures for filing for a re-zoning.
The plans have already been reviewed by both the commission and the Portland City Council, and a request to re-zone the land needed for the plant has been approved.
Before the suit and request for injunction was filed, there were virtually only two hurdles left for the project to clear: Permits from the Indiana Department of Environmental Management for air and water discharge; and approval of the final detailed plan by the planning commission.
Listed as plaintiffs in the suit are Norman R. Overton, Kent E. and Joyce A. Younts, Joe A. and Susan D. Sommers, Chad M. and Rebecca LeMaster, and Phillip and Nan E. Rowles. The suit was filed against the planning commission, Premier, the council, the city and Indiana Attorney General Steve Carter.
The plaintiffs are seeking to have the project stopped until the complete plans have been submitted, and to have the court declare that the actions and decisions of the commission and the council are illegal and void. If the project is not halted, the plaintiffs will suffer injury, the suit says.
City attorney Bill Hinkle declined to comment on the suit Friday afternoon, saying he had not had a chance to review it.
Among procedural missteps the suit alleges:
•Premier filed for a re-zoning and said it owned the property, although the company had not yet purchased the land.
•That Premier did not furnish the planning commission the required complete plot plans or blueprints.
•That the lot listed in the legal description in the zoning application is only 18.649 acres. The suit also contends that if the ordinance re-zoning the land is upheld, it should only re-zone 18.649 acres.
•Premier did not provide an adequate preliminary plan to various “checkpoint agencies.”
•Premier did not file a final proposed preliminary plan at least 10 days prior to the planning commission meeting.
The planning commission voted on June 1 to recommend the council re-zone the approximately 180 acres located southwest of Portland to planned unit development-industrial from agricultural. This recommendation was made pending the results of engineering studies being done on water supply issues, and whether the company receives the necessary permits from IDEM.
The council approved the re-zoning with this condition for final reading on June 19, after hearing officials with Broin and Associates say the Premier plant would to get most of its water from a nearby stone quarry.
Several property owners who live near the plant site attended these meetings and said they were worried that the plant could emit harmful chemicals, which could cause illnesses. They also were concerned about smells and sounds the plant could produce, and water supply.
One of the arguments in the suit states that although several citizens spoke at the planning commission, not all were allowed to speak.
Among the documents filed in support of the suit Friday at the Jay County Courthouse are photocopies of sections of the city’s zoning ordinance.
The ordinance states that preliminary plans must include layouts of streets, open space and other basic elements of the plan; general description of the location of and types of structures on the site; proposals for handling traffic, parking, sewage disposal, drainage, lighting and landscaping; a map showing the boundary lines of adjacent land; and covenants to be made.
Premier officials submitted their preliminary plans in the form of drawings, rather than words.
The company has since submitted detailed plans to Jay/Portland Building and Planning. Those plans are dated May 30, May 31 and June 20.
This is the second suit filed against the city in a week.
On June 23, four city of Portland employees who reprimanded after the funeral of a city official last year, filed a suit against the city and mayor Bruce Hosier.[[In-content Ad]]
Several residents who live within a half-mile radius of the site of the planned Premier Ethanol LLC plant, which would be located southwest of Portland, are suing the ethanol company, the state’s attorney general, the city of Portland and two local boards.
The suit filed Friday in Jay Circuit Court alleges that Premier Ethanol, the company building the plant, did not furnish complete preliminary plans to the Portland Planning Commission and did not properly follow the procedures for filing for a re-zoning.
The plans have already been reviewed by both the commission and the Portland City Council, and a request to re-zone the land needed for the plant has been approved.
Before the suit and request for injunction was filed, there were virtually only two hurdles left for the project to clear: Permits from the Indiana Department of Environmental Management for air and water discharge; and approval of the final detailed plan by the planning commission.
Listed as plaintiffs in the suit are Norman R. Overton, Kent E. and Joyce A. Younts, Joe A. and Susan D. Sommers, Chad M. and Rebecca LeMaster, and Phillip and Nan E. Rowles. The suit was filed against the planning commission, Premier, the council, the city and Indiana Attorney General Steve Carter.
The plaintiffs are seeking to have the project stopped until the complete plans have been submitted, and to have the court declare that the actions and decisions of the commission and the council are illegal and void. If the project is not halted, the plaintiffs will suffer injury, the suit says.
City attorney Bill Hinkle declined to comment on the suit Friday afternoon, saying he had not had a chance to review it.
Among procedural missteps the suit alleges:
•Premier filed for a re-zoning and said it owned the property, although the company had not yet purchased the land.
•That Premier did not furnish the planning commission the required complete plot plans or blueprints.
•That the lot listed in the legal description in the zoning application is only 18.649 acres. The suit also contends that if the ordinance re-zoning the land is upheld, it should only re-zone 18.649 acres.
•Premier did not provide an adequate preliminary plan to various “checkpoint agencies.”
•Premier did not file a final proposed preliminary plan at least 10 days prior to the planning commission meeting.
The planning commission voted on June 1 to recommend the council re-zone the approximately 180 acres located southwest of Portland to planned unit development-industrial from agricultural. This recommendation was made pending the results of engineering studies being done on water supply issues, and whether the company receives the necessary permits from IDEM.
The council approved the re-zoning with this condition for final reading on June 19, after hearing officials with Broin and Associates say the Premier plant would to get most of its water from a nearby stone quarry.
Several property owners who live near the plant site attended these meetings and said they were worried that the plant could emit harmful chemicals, which could cause illnesses. They also were concerned about smells and sounds the plant could produce, and water supply.
One of the arguments in the suit states that although several citizens spoke at the planning commission, not all were allowed to speak.
Among the documents filed in support of the suit Friday at the Jay County Courthouse are photocopies of sections of the city’s zoning ordinance.
The ordinance states that preliminary plans must include layouts of streets, open space and other basic elements of the plan; general description of the location of and types of structures on the site; proposals for handling traffic, parking, sewage disposal, drainage, lighting and landscaping; a map showing the boundary lines of adjacent land; and covenants to be made.
Premier officials submitted their preliminary plans in the form of drawings, rather than words.
The company has since submitted detailed plans to Jay/Portland Building and Planning. Those plans are dated May 30, May 31 and June 20.
This is the second suit filed against the city in a week.
On June 23, four city of Portland employees who reprimanded after the funeral of a city official last year, filed a suit against the city and mayor Bruce Hosier.[[In-content Ad]]
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