Sioux City Journal

County wants Hyperion suit dismissed

Commissioners say group sued using wrong law

By Michele Linck Journal staff writer | Posted: Tuesday, April 15, 2008

ELK POINT, S.D. -- The Union County Board of Commissioners claimed Monday that oil refinery opponents Ed Cable and his Save Union County Committee sued them using the wrong law and asked the Circuit Court judge to dismiss the case.

The county said in its response to the lawsuit that neither Cable nor Save Union County showed they had standing to sue under South Dakota law.

Cable declined to comment on the county's response Monday, saying it wouldn't be appropriate since he hadn't yet seen the county's filing in the case.

The lawsuit, filed March 20 in Circuit Court, seeks to overturn the new zoning county commissioners granted for Texas-based Hyperion Resources to build an oil refinery on 3,292 acres previously zoned for agriculture.

The county said state law provides for appeal "only by persons who have suffered individual and personal grievances." It said Save Union County's lawsuit makes no claim of personal grievance and instead says that the zoning decision "injures the public and is inconsistent with the county's comprehensive zoning plan."

To sharpen the point, the county's response notes that the group could have used a different law that it cites as "the exclusive method for pursuing a general taxpayer appeal."

The county's answer to the Cable/Save Union County appeal fills just a page. It refers to a legal brief in support of its claims but, according to Union County Clerk of Court Melissa Larsen, the brief is available only to the judge and is not filed with court documents.

A phone call seeking details about the brief from the Sioux Falls law firm that filed the motion to dismiss jointly with Union County State's Attorney Jerry Miller was not returned Monday.

Story Comments

the same big talkers... wrote on Apr 16, 2008 10:24 PM:

" I have a feeling that its one of a handful of people who are posting nasty comments on here saying how the opposition or SUC is "stupid." Don't be fooled people by the negative talk. I give a lot of credit to the people in Union County who are standing up against this giant. May the little people win!!!! "

The real reason? wrote on Apr 16, 2008 10:20 PM:

" Is Hyperion getting desperate? Apparently they will try anything, including trying to get a lawsuit dismissed. It's all a PR tactic in how they can make the public feel that this isn't a big deal and that it really won't affect anything. WRONG! It's possible that the vote in June will be null and void or we will have to do it again later. "

diamondcutter wrote on Apr 16, 2008 8:31 PM:

" in all honesty, in response to "have had it", if you change your vote because of this, you are not thinking clearly. you need to step back and look at the issue. this is not a game sweetheart, this is your future and your childrens future. get a grip. "

Have had it! wrote on Apr 15, 2008 6:47 PM:

" In all honesty, I was going to vote no for the Hyperion refinery, but not anymore! I have had it with the scare tactics that the SUC or COOP are using. The last flyer sent out by COOP was the last straw. I am sick and tired of hearing about the children that will be raped and murdered by the construction workers. You parents that tell your children that to scare them should be ashamed of yourself. I'm also sick of hearing how stupid everyone is that doesnt agree with the oppossition. (or they are puppets). I've also noticed all the signs out from SUC. Thats fine but quit stealing the Hyperion signs in peoples yards. I might be wrong but I think you people are hurting yourselves more than helping. You need to grow up! I vote yes for progress and maturity. "

puppet show wrote on Apr 15, 2008 10:16 AM:

" So the State's Attorney is now just a puppet for some Sioux Falls law firm that is takings its orders from Hyperion. Miller certainly seems to be in over his head on this one. "