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Heartland sues city of Preston


Fri, Nov 7th, 2003
Posted in Features

On Wednesday, two days after the Preston City Council denied a building permit to Bob and Elaine Maust, owners of Heartland Energy & Recycling, LLC, to modify their warehouse located in the Preston Industrial Park, lawyers for Heartland filed a writ of mandamus in Fillmore County District Court against the city of Preston.

In the suit, Heartland is asking the court to order the city to issue the permit or show cause before the court why they have not issued the permit. They are also seeking to recover any court costs as well as other relief the court may chose to award.

Heartland plans to construct a 21 megawatt power plant, generating electricity through the combustion of tire-derived fuel. The plant is estimated to cost somewhere around $50 million.

In their petition to the court, Heartland states that they applied for a building permit on September 26, 2003 to remodel a section of their existing facility to allow the energy company to install two diesel generators. They also state that the building permit is in compliance with the conditional use permit issued by the city council on April 21, 2003 and abides by the city’s zoning ordinances.

Monday’s action by the city council denying the building permit to the Mausts was the third time the council has taken such action. On three occasions, by a three to two vote, the council has denied issuing the building permit. The primary reasons given by the majority view of the council is that the city should wait until Heartland produces all required permits they need to operate the facility and until any litigation involving the Heartland plant is completed.

SEMEP has appealed the MPCA’s decision not to require the plant to complete an Environmental Impact Statement. Heartland has intervened on the side of the MPCA in the case, while Preston has applied to be an intervener on the side of SEMEP, although the court has yet to officially act on that request. This case will be heard on December 2.

In court papers filed by Dorsey & Whitney, Heartland’s lawyers write that the actions of the city jeopardizes the very existence of the plant because financing to build the plant cannot be secured until the building permit is issued. They also state that Heartland stands to lose a valuable state tax exemption if construction does not begin prior to January 1, 2004. They also claim that the act .....
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Lanesboro City Council Report: A law lesson on “Reliance”

Fri, Nov 7th, 2003
Posted in Features

Anyone attending the November 3, 2003 Lanesboro City Council meeting got a law lesson from city attorney Tom Manion with an English lesson on the word “adjacent”, as well as a history lesson on Lanesboro city government thrown in. Hillcrest Gast Hus ..... 
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The singing of the hounds

Fri, Oct 31st, 2003
Posted in Features

I was invited to spend an evening with two coon hunters who enjoy the Lanesboro area’s woods and fields.   What began as a mutual interest years ago has grown into a seasonal ritual for two good friends enjoying the sport of ..... 
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Commissioners’ Report: Courthouse project ready for winter

Fri, Oct 31st, 2003
Posted in Features

“Everything is water tight,” assured David Johnson, the courthouse construction manager. “We could have a downpour now and we’re ready.” This was a timely statement as rains and threats of snow have moved into the area this past week.

< ..... 
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Rushford City Council Report: Rushford Council closer to resolving sewer/lift station problems

Fri, Oct 31st, 2003
Posted in Features

Monday night, October 27th, the Rushford City Council reconsidered the problem Paul and Luanne Dvorak had when the lift station malfunctioned and sent sewer water flooding their basement. At a previous meeting the council had offered to pay half of t ..... 
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Election 2003

Fri, Oct 31st, 2003
Posted in Features

The following elections and school referendums will take place on Thursday, November 4:  City Elections  •Rushford: Mayor, two year term; two Council positions, four year term.  [Read the Rest]

Coleman will sponsor Rural Renaissance Act

Fri, Oct 31st, 2003
Posted in Features

On Wednesday, Senator Norm Coleman announced plans to sponsor legislation that would invest $50 billion in rural America designed to improve an aging and somewhat outdated infrastructure.

Called the Rural Renaissance Act, each s ..... 
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Preston City Council: Council spells out conditions for Heartland building permit

Fri, Oct 31st, 2003
Posted in Features

The council had passed a similar measure at their regular October 20 meeting. But Tuesday’s action spelled out, in more detail, the conditions the Mausts would need to meet in order for a building permit to be issued in the future.

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Fillmore County District Court

Fri, Oct 31st, 2003
Posted in Features

Felony Charges

•Lee Allen Comstock, 20, Spring Valley, and Amber Lee Finley, 23, Chatfield, were charged with two felony counts of check forgery stemming from an incident on September 15. According to the criminal complaint, the ..... 
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