Beet ethanol plant survives legal challenge in Rapho Township

Plans for a beet ethanol plant in Rapho Township have survived a court challenge.

A Lancaster County Court judge has dismissed a lawsuit by four businesses who own land near the site. They had asked the court to throw out the township supervisors' approval of the plant.

Judge James P. Cullen dismissed the appeal, saying it failed to develop arguments or provide backup material. The appeal also misstated testimony and made references to information that was not there, the judge found.

"Arguments that are not appropriately developed are waived," Cullen wrote, citing another case.

Maibach LLC wants to build a $93 million beet ethanol plant at the edge of Mount Joy, off Route 230.

Owned by East Hempfield Township residents Paul and Heidi Wheaton, the proposed agri-energy plant would use an "energy beet," not meant for human consumption, to produce an alternative biofuel used as a gasoline additive. It also would process electricity, powering the plant and providing excess electricity for the grid.

The suit against the plant's approval was filed by Kroesen Tool Co., Fairway Building Products, Lancaster Level-Flo Inc. and real estate developer Emanuel "Manny" Murry, who owns vacant land near the proposed plant.

Cullen found little of substance in the appeal of the supervisors' approval, made last August.

He said the suit did not develop arguments or cite pertinent parts of the township zoning ordinance or testimony from hearings to support the claims that were made.

When the suit did provide a citation, the judge said, it mischaracterized what people said or cited pages where pertinent information did not exist.

The judge listed the suit's claims and, over and over, tersely responded, "No citation is provided."

The suit did develop three arguments adequately, but Cullen disagreed with each one.

The arguments pertained to the township's criteria for heavy industrial uses, the use of a 1999 traffic study and the permission of a conditional use within an industrial zoning district.

"A review of the record reflects that the board's findings are supported by substantial evidence," the judge wrote.

Jill Nagy, the attorney for the property owners, could not be reached for comment Friday night.

Dwight Yoder, the attorney for the Wheatons, said, "They have been waiting for this decision before they can move forward."

The next step will be land development approvals, followed by construction. Yoder said he did not know what the Wheatons' timetable would be for the plant.

Another legal case has yet to be settled. The Wheatons are challenging one of 98 conditions that went along with the plant's approval. The condition would require them to pay an estimated annual $200,000 to the township for emergency response services and water system upgrades.

However, that case does not stop the project in its tracks, Yoder said, like the property owners' appeal did.

source: articles.lancasteronline