Sioux City Journal

Refinery opponents sue Union County Commissioners over zoning

Meanwhile, supporters file referendum petitions

By Michele Linck Journal staff writer | Posted: Friday, March 21, 2008

ELK POINT, S.D. -- A citizens group fighting the oil refinery proposed by Hyperion Resources has filed what it calls "a major lawsuit" against the Union County Board of Commissioners.

The lawsuit, filed Thursday in Union County Circuit Court, appeals the commissioners' decision to grant Hyperion's application to rezone 3,292 acres of land to accommodate the proposed $10 billion, 400,000-barrel-per-day refinery.

It alleges the commissioners "grossly violated" the law and the county's Comprehensive Plan on March 11 when they approved the ordinance to change the zoning on the refinery site from agricultural to a new class, Energy Center Planned Development District.

Ed Cable, spokesman for the Save Union County Committee, said in a statement, "The county government is acting as though citizens concerned about their actions were invisible, ignoring their protests, refusing to allow public comment and other dictatorial practices."

When informed he and his fellow commissioners had been sued, board Chairman Doyle Karpen{M3 said, "I thought they would have done it sooner. That's their right to do that. I guess they have to move forward with what they think is right."

Supporters file petitions

At nearly the same time the lawsuit was filed, Citizens for Hyperion, a pro-refinery group, filed petitions bearing 952 signatures to bring the zoning matter to a countywide referendum, 20 days ahead of the filing deadline.

"It's exactly double (the number of signatures) needed, and we're still counting," said J.B. Mercer, co-chairman of Citizens for Hyperion. He said a number of petitions are still being circulated.

Mercer said County Auditor Carol Klumper had file stamped all the petitions and has already begun verifying the signatures, hoping to complete that work by Monday. He said he wasn't surprised to learn of the lawsuit.

"They're doing everything they can so people can't vote on it," he said of Save Union County, which began circulating its own referendum petitions Thursday. "I think it's disingenuous of them to say they want people to vote on it but they do everything they can to keep people from voting on it."

SUC's claims

The lawsuit, as prepared by Save Union County's attorney, James Abourezk, lays out 12 grounds for the action. Among its claims are that the rezoning:

-- Violates the Union County Comprehensive Plan in that the new developments are not consistent with existing adjacent development, cities within the county were not consulted early.

-- Promotes the interests of individuals over those of the public.

-- Violates the Agricultural Protection Area requirements and agricultural preservation principals.

-- Violates the general requirement that the county discourage fragmentation of large parcels of ag land.

-- Fails to recognize that Hyperion's plans are not sufficient in scope and character to fulfill the requirements of the Comprehensive Plan and zoning ordinance.

-- Requires closing two township roads and one county road.

-- Cedes county authority to govern to Hyperion.

-- Was improperly passed in a changed form by the commissioners without following procedures for public hearings.

Download the lawsuit here.

Story Comments

Theodore Curry wrote on Mar 28, 2008 10:16 AM:

" We are a country of laws (hard stop) When the laws governing the use of land in the county are subverted in order to force an uniformed public to vote as soon as possible, something should arise in each of us asking to "slow-down" and take a closer look. Those pushing for a fast vote are hoping that not too much information gets out before we've sold our souls. It's sad what a shady promise of the "Almighty Dollar" can do to good people's sense of right and wrong. Please slow-down and recalibrate your moral compasses. P.S. If this project is going to take 10 years to build, what's the rush? I'll hold my breath for your inadequate responses. "

everyone is an expert wrote on Mar 24, 2008 2:46 PM:

" Your right, you can't take everyone�s word for it including yours. I've been hearing about the 4 cemeteries in the area that Hyperion is going to build on. It is simply not true and if you are from the area you know it's not true. There are no cemeteries in the footprint or the transition zone. I don't care if you are for Hyperion or not but I for one am getting tired of all the scare tactics and false information that is passed around and apparently so was one of the county commissioners. Maybe the voting public is as well.
"

oneofthepeople wrote on Mar 23, 2008 7:55 PM:

" People wanting Hyperion so badly give themselves away as not knowing the reality behind all the pretty words. The energy center is the part of the facility that burns leftover sludge (called 'coke') to generate electricity for the plant. Period. The number of jobs is overstated when compared with other facilities of similar size and scope. The promised ballpark wage of 20 to 30 dollars per hour is an average determined by adding all estimated salaries, then dividing by number of positions- a manipulation of statistics. Most employees will be from other refineries, with experience to run things from the start. Their reps, when pressed, admit the only local hires will be lowest paid unskilled labor for janitorial etc. positions. Hyperion isn't bragging about the 4 cemeteries they plan to build around. Maybe they haven't told their supporters about that. I'd like hear anyone say they want to be buried inside a refinery. And the ones in the ground can't sign petitions or speak out to defend themselves. Sometimes you can't just take someone's word for it when they make such great promises, especially when there is so much at risk. There is no free lunch. "

the diamond cutter wrote on Mar 22, 2008 9:09 AM:

" i hope big cat gets a job right in the heart of the refinery that pays $100 an hour. hope his life insurance is paid up though, cause his family will need it. "

Who? let the Lemmings Out? wrote on Mar 22, 2008 1:19 AM:

" Ricard, the jobs will be coming to UC,
not SC or SSC. Many blue-collar jobs
will be taken by well qualified and trained persons.
Big Cat, We wouldn't need new roads or
schools until overrun by the masses.
Most likely the employees would stay
in South Dakota cause we have no pers
income tax. Many would move north,
Sioux Falls has much more to offer.
Dave, Sue Bush for lack of progress in
Iraq and not bringing the troops home
to their jobs.
PS: Whose paying for Citizens for Hyperion? Duh! "