Minnesota court dismisses neighbors' challenge of wood recycling plant

A challenge to a proposed wood recycling facility in Waseca County, Minnesota, has been dismissed by the Minnesota Court of Appeals. According to a report in the Mankato Free Press, a group of neighboring property owners appealed a permit granted by the Waseca County Board last fall by for a company by the name of Bio Wood Processing to move to a property on Highway 13 just north of the city of Waseca.

The report says the company plans to repurpose portions of a former concrete recycling facility as well as build a new 15,000-square-foot facility. Bio Wood Processing would use the facility to recycle wood into mulch and animal bedding, which would be sold at the property.

Neighbors were reportedly concerned about noise and increased traffic, dust and water runoff that could affect health and property values.

The appeal reportedly alleged that the Waseca County Planning Commission and county board failed to uphold county ordinance requiring them to protect neighbors' health, safety and welfare.

The Mankato Free Press article says the Court of Appeals disagreed. It found that the county board had “legally sufficient” reasons for issuing the permit, which included restrictions to limiting neighbor impact.

The appeal also faulted the Waseca County Planning Commission for refusing to accept additional public comment after it postponed a vote on the permit application. But the appellate court noted the commission was only required to hold one public hearing.

An attorney for the neighbors tells the newspaper they are “considering their options” and did not rule out an appeal to the Minnesota Supreme Court.