Hearing held regarding environmentalists’ lawsuits over biodigester zoning issues

By Zach Jensen,

A Novilla RNG, LLC’s biodigester in West Branch. (Photo submitted)

Lawsuits filed by the Driftless Water Defenders against the Winneshiek County Board of Supervisors and the county’s board of adjustment are progressing. 

Attorney Jim Larew filed two petitions on behalf of the Driftless Water Defenders, a regional nonprofit environmentalist group, earlier this fall. The group alleges the board of supervisors acted illegally when approved the rezoning of a property near Ridgeway to potentially allow for the placement of an anaerobic digester — also known as a biodigester — which would turn dairy cattle manure from a nearby farm into renewable natural gas. Larew alleges in an Oct. 3 lawsuit that the Winneshiek County Board of Adjustment also acted illegally when it approved a conditional use permit for the same facility. 

Larew also questioned — in the suit against the board of adjustment — whether all parties involved in the case, including the landowners and Novilla RNG, LLC, which would own the biodigester, needed to be served individually. 

“When we filed …, we felt the matter could be set for hearing,” Larew told the court. “I don’t think the case law is consistent.”

Larew said he felt both petitions were “sufficiently pled” and no additional action was required. In response, attorney Daniel Morgan, who is representing the county, agreed with Larew, saying the caselaw is “uncertain.” Morgan indicated he would be agreeable to moving forward with the board of adjustment case without the inclusion of all involved parties. 

When given a chance to speak on DWD’s lawsuit against the Winneshiek County Board of Supervisors, Larew prefaced his position by questioning whether the supervisors acted lawfully when they voted 3-2 in favor of rezoning the plot of land intended for the biodigester’s location. He said the supervisors have a legal obligation to protect the safety and health of the county’s residents, and he claimed the supervisors’ decision to allow the rezoning violated that obligation.

After his prelude, Larew said he feels the basics of the case are sufficient for a hearing to be scheduled, in which both parties involved in the lawsuit would argue their positions. He added that, if the court deems it appropriate, the cases could be tried simultaneously. Morgan had no objection.

District Court Judge Laura Parrish said she would make her decision on Larew’s questions this week.

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Dean Humpal
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14 days ago

Our supervisors are elected to make these decisions, if we sued every time someone didn’t like the outcome we would never get anything done. Accept their decision and move on ..