Landowners near Highwood site accuse Landkreis
A complaint filed Thursday in Cascade County District Court, asks a judge to throw a decision by March Cascade County commissioners rezone about 668 hectares located to the east of Great Falls for a coal power plant, saying that it was on Field of zonation.
Southern Montana Electric Generation & Transmission, director of the $ 790 million Highwood Generating Station, for this site that are not as a defendant.
Company lawyer said Mary Jaraczeski SMEs, at the request of a party in the case, and the rezoning “to defend vigorously.”
The costume was adopted by the Montana Environmental Information Center, Helena and 61 applicants, either live or on a farm near the site’s location along the route of Salem.
This is the second time in 15 months MEIC and landowners have sued the Landkreis rezoning for the country.
MEIC and landowners also sued the county, in December 2006.
That appeal was later released, after a decision by the commissioners to reverse rezone the country and changed its plan rules.
“We are not ready, coal as a generator of a neighbor,” said Bob Lassila, an organic farmer and one of the complainants Thursday.
The family Urquhart, the landowners who for the rezoning. The family provides for the sale of the land to SMEs.
Members of the Commission to approve rezoning of agricultural land to heavy industrial March 11 by a vote 2-1. Commissioners Joe Olson Lance Briggs and supports the change, while Peggy Beltrone voted no.
“If I thought that this would be spot zoning, I would not have voted for them,” said Briggs.
He added that he expected that the province might be to obtain, regardless of how the vote turned out.
The Landkreis especially careful to avoid mistakes guidance, counselling with a lawyer of land use and the path of the public to be involved in the process, he said.
The complainants say in the complaint that the decision was on the ground, because the zoning of the land-use change benefits of the Family and SMEs, while the penalty farm on the outskirts of landowners.
“It was a decision, was to benefit a few landowners at the expense of neighbours,” MEIC’s Hedges, “said Anne.
The complainants are not saying that the region around public participation, because the needs of developing new information to the Commission on the same day as Jan. 15 public consultation, so that the public is no time to discuss and comment.
The petitioners ask the Court to void the decision and force the province to pay for litigation expenses.
The Landkreis bought insurance disputes by the Montana Association of Counties, at a cost of $ 7551, a year after the first complaint, “said Briggs. The coverage has a $ 10,000 deductible.
The organization excluded from the coverage of standard zoning from its political action in the year 2002, but it offers the opportunity to buy the county again at an additional cost.
Cascade County, originally refused to purchase additional insurance, which then decided to buy Briggs’ proposal.
The province has risen to $ 21000, outside legal advisor to the first complaint
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