Save Union County will sue over zoning meetings, leader says
Group says commission meetings violate state law
By Michele Linck, Journal staff writer | Posted: Wednesday, January 09, 2008
ELK POINT, S.D. -- Save Union County's co-chairman Ed Cable and the group's attorney, former U.S. Sen. James Abourezk of Sioux Falls, left a Union County Planning and Zoning Commission meeting Tuesday afternoon vowing to sue the county.
Save Union County, a group that opposes a proposal by Hyperion Resources of Dallas to build an oil refinery in the southeast portion of the county, accused the P&Z commission of operating in secrecy.
The group said the commission has improperly allowed land use administrator Dennis Henze to set at least one commission meeting and one public hearing, all having to do with Hyperion Resources' application to change the zoning on 3,882 acres from agricultural to a new category, Energy Center Planned Development.
A meeting is set for 4 p.m. Thursday and will consist only of Hyperion presenting its rezoning application and answering questions. The public will get to comment in a public hearing set for 7 p.m. on Jan. 16.
In written remarks to commissioners, Abourezk asked that the Thursday and Jan. 16 meetings be postponed.
Save Union County also charged that the P&Z Commission changed its Thursday meeting from a hearing to a regular meeting to prevent the public from asking questions, which, it said, is a violation of the law.
The P&Z commission was also asked to address Save Union County's challenge to the way the Thursday meeting was set. The group claimed that state law requires the commissioners, not the administrator, to set the meetings.
Henze, answering questions from Union County State's Attorney Jerry Miller, said the governing statutes do not require the commissioners to set the meetings, that it is strictly an administrative chore. He said he was not even required to advertise Thursday's meeting, but did so as a courtesy to the public.
Abourezk submitted a three-page fact sheet and argument to Miller. Miller told Abourezk that, since the board was not meeting as the board of adjustment, he could not question its members or Henze. The lawyer apologized several times as he interrupted, but did ask questions. They were answered.
Abourezk corrected one complaint in his written argument, that the Jan. 16 hearing wasn't advertised 10 days in advance as the law requires. He said he later discovered the notice had first been published Dec. 27.
In the end, P&Z commission member Del Neely read a motion that the commission found there had been no violation of the statutes. The motion was seconded and set for a vote at their meeting Thursday.
"Did you have the motion prepared before you heard the evidence?" Abourezk asked Neely.
Neely answered, "Not really. It was an administrative action, not an error." He repeated Henze's contention and citation of the statute that states the commission must only set the meeting itself if the matter at hand relates to the soundness of a structure or the interpretation of a map.
After the meeting was adjourned, Abourezk said the meeting was supposed to be an appeal and that an appeal is a hearing. He accused the P&Z Commission of shifting definitions.
"We'll certainly be taking some action in the appropriate court soon," Cable said.
A small group of Hyperion officials sat in the back of the room Tuesday, and about 20 people who appeared largely opposed to the project lined the front rows.
Save Union County, a group that opposes a proposal by Hyperion Resources of Dallas to build an oil refinery in the southeast portion of the county, accused the P&Z commission of operating in secrecy.
The group said the commission has improperly allowed land use administrator Dennis Henze to set at least one commission meeting and one public hearing, all having to do with Hyperion Resources' application to change the zoning on 3,882 acres from agricultural to a new category, Energy Center Planned Development.
A meeting is set for 4 p.m. Thursday and will consist only of Hyperion presenting its rezoning application and answering questions. The public will get to comment in a public hearing set for 7 p.m. on Jan. 16.
In written remarks to commissioners, Abourezk asked that the Thursday and Jan. 16 meetings be postponed.
Save Union County also charged that the P&Z Commission changed its Thursday meeting from a hearing to a regular meeting to prevent the public from asking questions, which, it said, is a violation of the law.
The P&Z commission was also asked to address Save Union County's challenge to the way the Thursday meeting was set. The group claimed that state law requires the commissioners, not the administrator, to set the meetings.
Henze, answering questions from Union County State's Attorney Jerry Miller, said the governing statutes do not require the commissioners to set the meetings, that it is strictly an administrative chore. He said he was not even required to advertise Thursday's meeting, but did so as a courtesy to the public.
Abourezk submitted a three-page fact sheet and argument to Miller. Miller told Abourezk that, since the board was not meeting as the board of adjustment, he could not question its members or Henze. The lawyer apologized several times as he interrupted, but did ask questions. They were answered.
Abourezk corrected one complaint in his written argument, that the Jan. 16 hearing wasn't advertised 10 days in advance as the law requires. He said he later discovered the notice had first been published Dec. 27.
In the end, P&Z commission member Del Neely read a motion that the commission found there had been no violation of the statutes. The motion was seconded and set for a vote at their meeting Thursday.
"Did you have the motion prepared before you heard the evidence?" Abourezk asked Neely.
Neely answered, "Not really. It was an administrative action, not an error." He repeated Henze's contention and citation of the statute that states the commission must only set the meeting itself if the matter at hand relates to the soundness of a structure or the interpretation of a map.
After the meeting was adjourned, Abourezk said the meeting was supposed to be an appeal and that an appeal is a hearing. He accused the P&Z Commission of shifting definitions.
"We'll certainly be taking some action in the appropriate court soon," Cable said.
A small group of Hyperion officials sat in the back of the room Tuesday, and about 20 people who appeared largely opposed to the project lined the front rows.
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Hyperion is Unwelcome: wrote on Jan 14, 2008 6:17 PM:
fundy wrote on Jan 13, 2008 6:48 PM:
Terry wrote on Jan 13, 2008 12:43 PM:
Billboard wrote on Jan 10, 2008 9:45 PM:
along with a group of people called
Ourlandourlives, from Richardson, TX
PRAYED on the steps of the State
capitol Austin. They started a
lawsuit to stop their Electric
utility from using Coal to produce
power. (A DIRTY PROCESS) Like Port
Neal. His intent then was to encourage
them to use Low Sulfur Diesel.
Go Figure. Sure made the Man look
good. Now he can sell 'em his oil.
Made in South Dakota.
"
Huh? wrote on Jan 10, 2008 12:34 PM: