Group suing Weld County commissioners over approval of asphalt plant

GREELEY —  A group of eight homeowners and businesses are suing the Weld County commissioners for approving Martin Marietta Materials Inc.’s plan to convert agricultural land near the intersection of County Road 13 and U.S. Highway 34 into an asphalt plant.

The lawsuit was filed in Weld County District Court Sept. 9 and was served to the commissioners on Tuesday Sept. 15.

The lawsuit seeks the reversal of the commissioners’ approval made Aug. 12 and a declaration that Martin Marietta Materials’ proposed use is unlawful under the prevailing land-use regulations.

SPONSORED CONTENT

Empowering communities

Rocky Mountain Health Plans (RMHP), part of the UnitedHealthcare family, has pledged its commitment to uplift these communities through substantial investments in organizations addressing the distinct needs of our communities.

Martin Marietta Materials (NYSE: MLM) plans to invest an estimated $20 million in developing the 133-acre site at 27486 Weld County Road 13, near the Larimer/Weld border, that would produce asphalt and ready-mix concrete, have an aggregates sales yard and a rail-spur unloading facility to bring in raw materials.

The appeal challenges that the proposed use violates existing zoning laws, fails to protect the health and safety of surrounding residents, and ignores the community’s near-universal opposition.

A statement released Tuesday by the group’s spokesman and homeowner David Kisker, said the commissioners approved the project despite the community’s collective input regarding compatibility with the current and future uses in the neighborhood, as well as the requirement to protect the health, safety and welfare of the surrounding businesses and residents, leads to the conclusion that the decision was inappropriate and should be reversed.

Commissioners could not immediately be reached Tuesday.

Kisker’s statement said the commissioners approved Martin Marietta’s plan over the recommended denial of the Weld County Planning Department staff, a vote in opposition by the Weld County Planning Commission, unanimous opposition from the surrounding communities of Johnstown, Windsor, Greeley and Larimer County, and the objections of hundreds of nearby residents and businesses.

The group also focused on commissioner Julie Cozad’s previous employment with a consultant that helped to shepherd Martin Marietta’s application through the approval process. The plaintiffs claim that it was inappropriate that Cozad did not disclose what they characterize as a conflict of interest, and contend she should have recused herself on the vote.