A gravel mine developer in Jordan is appealing the Scott County Board's rejection of its permit application earlier this fall.
The attorney for Steve Hentges, of Jordan Gravel, filed an appeal Nov. 3 arguing that the denial of a permit to operate an aggregate mine in Scott County violates the law.
The project's proximity to the Jordan aquifer prompted significant community opposition, and the board rejected the permit application in September, citing environmental concerns.
"The county's denial of the Hentges IUP [interim use permit] is contrary to Minnesota law and the reasons for the county's denial have no factual basis in the record," the lawsuit says. "As a result, the county made several reversible errors in denying the Hentges IUP."
The developer says the county failed to suggest reasonable conditions for the project to proceed and cited other reasons for rejecting the permit that are outside of the county's jurisdiction.
"The appeal is certainly not unexpected, and so now we will send the record, and the court of appeals will make their evaluation," said County Administrator Gary Shelton.
Hentges could not be reached for comment. The county does not comment on pending litigation, auditor Cindy Geis said.
Natalie Daher
