Hyperion zoning dates are a 'go'
Refinery foes file lawsuit, but lose bid to delay meeetings
By Michele Linck Journal staff writer | Posted: Thursday, January 10, 2008
ELK POINT, S.D. -- Union County Circuit Judge Steven Jensen denied a late-afternoon request Wednesday by opponents of a proposed oil refinery to delay a zoning commission meeting scheduled for today and a public hearing set for Jan. 16, both concerning the refinery.
The group, Save Union County, claimed the meetings had been improperly set and advertised. It also filed a lawsuit, which is pending, making those claims against the commission. Jensen put the case on the court calendar for Jan. 22.
At today's meeting the zoning commission will hear a presentation from Dallas-based Hyperion Resources on its application to create a new zoning category for its proposed oil refinery. The application also requests that the commission rezone 3,882 acres of agricultural ground for the project. The commission received the formal, print version of the application earlier, but wants to ask questions about it.
The Jan. 16 meeting is a public hearing on the application and is expected to bring hundreds of residents to the Elk Point-Jefferson High School auditorium to air their views, both for and against the proposed 400,000-barrel-per-day refinery.
The public hearing is required as a step in the zoning application process.
Dennis Henze, Union County land use administrator, said Wednesday evening that he had been notified by State's Attorney Jerry Miller that both meetings were a "go." And, a copy of the request for the stay shows the paragraph containing the request crossed out and initialed and dated by the judge, apparently indicating he is denying the stay.
The lawsuit filed by Save Union County claims that the two meetings, scheduled by Henze, should have been set by the commissioners themselves. It charges that notice of Thursday's meeting was given just seven days in advance and should have been given 10 days ahead.
Henze said Tuesday during the committee's appeal to the commission that the commission wasn't required by law to advertise the meeting, but did so as a courtesy to the public.
Save Union County and its attorney, James Abourezk, submitted the same complaints in writing during the appeal Tuesday. The commission found it had properly followed state statutes.
The committee's lawsuit filed with the Clerk of Court's office contained errors in citing dates. In the section captioned "January 16, 2008, Meeting," it referred to the meeting twice as being "January 26, 2008."
And, in the document summoning the commissioners to appear in court, the county name "Duel" is crossed out and "Union" is written in above it by hand.
The group, Save Union County, claimed the meetings had been improperly set and advertised. It also filed a lawsuit, which is pending, making those claims against the commission. Jensen put the case on the court calendar for Jan. 22.
At today's meeting the zoning commission will hear a presentation from Dallas-based Hyperion Resources on its application to create a new zoning category for its proposed oil refinery. The application also requests that the commission rezone 3,882 acres of agricultural ground for the project. The commission received the formal, print version of the application earlier, but wants to ask questions about it.
The Jan. 16 meeting is a public hearing on the application and is expected to bring hundreds of residents to the Elk Point-Jefferson High School auditorium to air their views, both for and against the proposed 400,000-barrel-per-day refinery.
The public hearing is required as a step in the zoning application process.
Dennis Henze, Union County land use administrator, said Wednesday evening that he had been notified by State's Attorney Jerry Miller that both meetings were a "go." And, a copy of the request for the stay shows the paragraph containing the request crossed out and initialed and dated by the judge, apparently indicating he is denying the stay.
The lawsuit filed by Save Union County claims that the two meetings, scheduled by Henze, should have been set by the commissioners themselves. It charges that notice of Thursday's meeting was given just seven days in advance and should have been given 10 days ahead.
Henze said Tuesday during the committee's appeal to the commission that the commission wasn't required by law to advertise the meeting, but did so as a courtesy to the public.
Save Union County and its attorney, James Abourezk, submitted the same complaints in writing during the appeal Tuesday. The commission found it had properly followed state statutes.
The committee's lawsuit filed with the Clerk of Court's office contained errors in citing dates. In the section captioned "January 16, 2008, Meeting," it referred to the meeting twice as being "January 26, 2008."
And, in the document summoning the commissioners to appear in court, the county name "Duel" is crossed out and "Union" is written in above it by hand.
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jomama wrote on Mar 7, 2008 11:05 AM:
go west young Hyperion wrote on Jan 10, 2008 10:53 PM:
###### wrote on Jan 10, 2008 10:50 PM:
FarmBoy wrote on Jan 10, 2008 10:48 PM:
Hmmm, most of the answers I got were "That part of the design isn't done yet," "We don't have all the details worked out," "We can't release that yet, so our competition doesn't get it." Questions as simple as "Where is the railroad going to go?" (Answer? "From the south or the east." Duh.)
Sorry, Preston, ol' man -- the PR meetings were just what you designed them to be -- flash and show, little substance. (On the positive side, I heard the cookies were good...) "
m and n wrote on Jan 10, 2008 10:48 PM: