Montevideo, Minn.-The Farmers Union Oil Co-op ag center here is hoping a district court judge’s ruling has put to rest objections over moving three anhydrous ammonia tanks that a neighboring property owner has been raising since summer of 2009 (GM July 12, 2010). General Manager Glen Moe told Green Markets that the judge with some reservations ruled Feb. 16 that the city’s issuance of a conditional use permit for the tank facility was not “unreasonably arbitrary or capricious,” as claimed by the resident. Moe said the resident had asserted that the city didn’t follow “certain protocol” getting the safety part of it clarified. “He can appeal if he wants to, but I understand that it would cost him $20,000 or more, and from what I’ve been told he probably would not proceed,” Moe added. In a memorandum attached to the ruling, the judge stated: “This matter raises competing interests and legitimate concerns on both sides of this argument. While this court still has reservations relating to health and safety in view of documented anhydrous ammonia releases in the state, the court cannot substitute its judgment for that of the governing body.” Actually, Moe pointed out, moving the tanks makes them safer than they were in the original location. They were about 150 feet from a mobile home manufacturing facility with 200-250 employees. Moving them south 1,700 ft. puts them where there are only four or five people living nearby.
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