Alcester Union & Hudsonite Online

ELK POINT – The Save Union County Committee, a group opposed to the proposed Hyperion Energy Center in west-central Union County, filed suit against the Union County Commission to try to repeal the commission’s approval of Hyperion’s rezoning application.

The lawsuit, filed last Thursday in Union County Circuit Court, is an attempt to reverse the commission’s approval of rezoning 3,292 acres of farmland for the construction of a $10 billion oil refinery and energy center. The new land classification would be known as an Energy Center Planned Development District.

The lawsuit alleges that the county commission “grossly violated” the law and the county’s Comprehensive Plan when they approved the rezoning plan during their March 11 meeting.

During the second reading of the rezoning application, the commission made a number of changes to the application before approving it. When public objections to the number of changes made were raised, the commission consulted with the state’s attorney, who said he felt the changes were appropriate. Moments later the commission voted unanimously to approve the rezoning application.

Opponents said the changes were so significant that it required more public hearings before the rezoning application could be formally approved.

The lawsuit, which was prepared by attorney James Abourezk on behalf of the Save Union County Committee, laid out a dozen claims as to why the rezoning application should be denied. The lawsuit claims that:

* The rezoning application was changed in such a manner that it required more public hearings.

* Hyperion’s plans are not sufficient in scope and character to fulfill the requirements of the county’s Comprehensive Plan or it’s zoning ordinance.

* It violates the Agricultural Protection Area requirements and agricultural preservation.

* It requires the closure of two township and one county road.

* It reduces the county’s ability to govern over Hyperion.

* It violates the general requirement that the county discourage fragmentation of large parcels of agricultural land.

* The rezoning violates the county’s Comprehensive Plan in that the new development is not consistent with adjacent developments.

* It promotes the interests of individuals over those of the general public.

Save Union County Committee spokesman said in a statement that “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”.

In all, the commission made 18 changes to the rezoning application, through advice from staff and legal consultants. Changes made the application included:

* Eliminating language that would have prohibited the county from establishing fees and charges.

* Imposed stringent storm water and drainage requirements to minimize the risk of runoff, and prohibits the discharge of point source pollutants into the Brule Creek.

* Enhances the review authority of the Planning and Zoning Commission and the Land Use Administrator.

* Added a requirement that an emergency response and evacuation plan be part of the plan submission.

* Added a requirement that a security plan for both construction and operations be part of the plan submission.

* Added a requirement that the developer provide its own security force sufficient to address security and police protection needs within the District.

* Reduced the overall size of the District by eliminating 590 acres west of 473rd Street, the county blacktop road that runs south of Spink, while still retaining the 1/8-mile buffer zone.

* Imposed a maximum height for habitable structures within the Industrial Zone, which previously had no maximum height limitations.

* Strengthened state and federal approvals governing air contaminants, odor and gasses.

* Prohibits the establishment of a junkyard within the District.

* Prohibits the establishment of a sanitary landfill within the District.

* Eliminates mobile homes as a permitted use within the District.

* Added protections for the County in the case of cessation of operations or abandonment of the property.

* Added a prohibition of offsite commercial signage throughout the Planned Development District.

* Imposed restrictions on solid, hazardous or other waste produced in the District.

* Confirmed the applicability of the revised 2007 Subdivision Ordinance.

* Eliminated the provision that would have rendered sanitary sewer and water supply regulations inapplicable.

Union County State’s Attorney Jerry Miller said he would not comment on the lawsuit while preparing the county’s response to it.

Supporters file referendum petitions

At nearly the same time as the Save Union County Committee was filing their lawsuit in the Union County Courthouse, members of Citizens for Hyperion filed petitions containing 952 signatures to bring the rezoning issue to a public vote, 20 days ahead of the deadline for the signatures to be filed.

The number of signatures filed with the Union County Auditor was exactly twice the number of 476 signatures needed to refer the issue to a public vote.

J.B. Mercer, co-chair of Citizens for Hyperion, said more petitions are being circulated, but that their group wanted to get the signatures they had collected to the auditor in order to get the process moving.

“It’s exactly double the number of signatures needed, and we’re still counting,” Mercer said.

Cable said his group is also circulating petitions but have not filed any as of Tuesday.

County officials have said that, ideally, the ballot issue could be included in the June 3 primary in an effort to save the county the cost of holding a one-issue election, but refinery opponents have said they would rather have a stand-alone ballot because of the significance of the vote.

Union County Auditor Carol Klumper confirmed that enough valid signatures had been turned in, and the issue was placed on the agenda for the county commission’s meeting on Tuesday.

On Tuesday the county commission voted 4-1 to place the issue on the June 3 primary ballot.

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