Group suing Chippewa Falls to stop sand plant

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By MARK GUNDERMAN
mark.gunderman@lee.net
Tuesday, November 18, 2008 10:05 AM CST

A group calling itself “Concerned Chippewa Citizens” has filed a lawsuit in Chippewa County Court seeking to stop development of the Canadian Sand and Proppant sand processing plant in Chippewa Falls.

The suit, filed Friday, names the City of Chippewa Falls Plan Commission as the defendant and asks that the commission’s Oct. 27 decision granting a conditional use permit to exceed building height requirements be voided.

The suit further asks that a restraining order be issued prohibiting the Plan Commission and the city from issuing any further or related approvals, variances or permits “of any kind whatsoever” to Canadian Sand and Proppant while the lawsuit is pending.

The suit also asks that the matter not be sent back to the Plan Commission unless the city is required to “appoint a new and unbiased Plan Commission.”

Named as plaintiffs in the case along with Concerned Chippewa Citizens are Patricia J. Popple, 561 Summit Ave., and Allen Curtis, 1187 Evergreen Lane #4, both of Chippewa Falls.

The plaintiffs are represented by Eau Claire attorney Glenn Stoddard, who represents another group in the town of Howard opposed to the sand company’s plans.

The Canadian Sand and Proppant project has been embroiled in controversy since the newly-formed company with ties to the oil and natural gas industry announced its plans earlier this year.

The company planned to mine sand in Chippewa and Barron counties and truck or rail sand to a plant in Chippewa Falls, where it would be washed and processed according to grain characteristics, then shipped out by rail.

The sand would ultimately be used as “frac” sand to fracture oil wells, increasing their production.

A proposed mine in the town of Howard led to an organization being formed there to stop the mine, and that part of the project appears headed for court action in a dispute over whether a town of Howard ordinance regulating such mines is valid.

The company needed little action from the city of Chippewa Falls. The land in question, on the city’s northeast side south of County S, was rezoned heavy industrial some time ago. Opponents charge it was done with city officials’ knowledge of the sand company’s plans without informing the public of those plans.

The rezoning went through without public opposition.

The city set up a tax incremental finance (TIF) district to accommodate the company, and the Plan Commission voted 11-1 to grant a conditional use permit for processing plant facilities to exceed height standards.

The plaintiffs in the suit are using the decision on the conditional use permit to try to halt action on the project.

The suit states that the plaintiffs are aggrieved because “their real property and personal interests, including their quality of life, health and safety, will be adversely affected by the development and operation of the proposed sand processing plant approved by the Plan Commission.”

The suit alleged that the Plan Commission members were “biased and improperly prejudged the matter in favor of CSP prior to the public hearing and before the (conditional use permit) decision was made.”

The commission’s decision was illegal because the decision was “obviously” biased, the suit alleges.

The decision is also challenged on procedural grounds, with the suit claiming that the decision amounts to granting a variance to the company, and authority to grant variances belongs to the Board of Adjustment. The suit also alleges the commission made its decision without due deliberation and without making findings of fact.

The city has 45 days to respond to the suit. No court hearing dates have yet been set.

The group filing the lawsuit has called a news conference for 6:15 tonight, 15 minutes before the start of the City Council meeting, at City Hall at 30 W. Central St. It also plans to make comments at the council meeting.

Contact Mark Gunderman at mark.gunderman@lee.net.