The Free Press, Mankato, MN

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July 20, 2012

Biofuel project opponents file suit against Le Sueur

LE SUEUR — LE SUEUR - A lawsuit filed by a citizens group against the city of Le Sueur

is the latest wrinkle in a long-troubled effort to build a biofuel energy

plant in the community.



Le Sueur Area Concerned Citizens, a group opposing the project, filed the

action this week following the City Council's decision to decline the

group's request for a special election.



The group had submitted a petition signed by several hundred people that

sought to have voters decide on an amended city nuisance ordinance.



While the proposed ordinance didn't specifically allude to the biofuel

project, it provided the impetus for it.



Citizens group member James Norman said the special-election request was

intended to produce council action regarding the project- action he thinks

has been lacking.



"There's a lot of foot-dragging going on. If (the plant) creates a nuisance

for people, that's a problem. But the council has totally ignored that

facet."



Norman said he was "very surprised" that the council by resolution opted to

decline the special election. City officials said legal counsel advised that

the election isn't required according to language in the city charter, a

ruling that group members disagree with.



Council Member John Schultz, a vocal opponent of the biofuel project, said

the lawsuit calls for a special election to be held the first week of

August. The basis of the suit is that the election-request denial is in

violation of the charter.



The plan for the proposed $30 million plant was first introduced in 2009.

The facility would be unique to Minnesota in that it would convert a variety

of food-processing and animal wastes into energy.



Backers of the project, including Le Sueur Mayor Bob Oberle, have repeatedly

said it would generate revenue and jobs for the city while having the

capability to provide Le Sueur with a substantial portion of its power

needs.



Oberle, who was unavailable for comment Friday, has said he believes there

is public support for the plant, but those supporters aren't outspoken and

vocal.



Project opponents maintain that the proposal is fraught with potential

nuisance problems relating to noise, air pollution, even a decline in

property values for homes near the plant.



"I¹d say 60 percent of the population is totally against it," said Patti

Abrahamson, one of the lawsuit's plaintiffs.



The plant proposal is under the auspices of Minnesota Municipal Power

Agency, which includes Le Sueur and 10 other member cities, and Avant Energy

of Minneapolis, which develops power plant projects for municipal entities.



Le Sueur City Administrator Rick Almich has said the project is in keeping

with a city quest to increase the reliability of its energy by reducing

transmission costs.



The project also is being driven by a state mandate calling for Minnesota to

derive 25 percent of its power via alternate means, such as ag waste and

wind turbines, by 2025.



Norman said such a plant is "peachy keen and wonderful" in principle, but

its unaddressed nuisance potential continues to loom large.

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