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Resident urges Woodbury County to join amicus brief on pipeline zoning; board receives coalition filing into record
Summary
A resident asked the board to consider joining an amicus brief in an appeal concerning county zoning authority related to pipeline projects; the board voted 5-0 to receive a coalition filing into the meeting record and discussed coordination with outside counsel.
A Moville resident urged the Woodbury County Board of Supervisors to consider joining an amicus brief in an appeal that the resident said concerns counties’ zoning authority in pipeline-related litigation.
Doyle Turner of 27382 Hundredth Street, Moville, asked the board to work with outside counsel and other counties. “I think we should consider doing an amicus brief with them,” Turner said, describing the matter as fundamentally about “local control and do the counties have the ability to do zoning.” He told the board he had spoken with officials in Shelby County and said roughly 23 Iowa counties were considering involvement.
Earlier in the meeting the board read into the record an email from William Burrows asking the board to “go on public records supporting Mark Nelson as the mediation representative for the law enforcement authority and claims against the authority's construction adversaries,” and requesting that the email be placed into the record. A board member noted the email was sent to the full board earlier in the day.
Board members discussed coordination with Tim Whipple, the outside counsel handling appeals and briefs. Several supervisors said they would confirm they are receiving updates from Whipple and that previous authorization allows further briefs and appeals; one supervisor said the county had already authorized engagement for appeals and filings.
Supervisor Matthew said he had read and reviewed lengthy filings and offered to circulate a 21-page filing to the auditor and board; the board then moved to receive that filing into the meeting record. A motion to include the filing in the record was made and seconded by Supervisor Bittinger; the board voted 5-0 to receive the document into the record.
Ending: The board did not take a formal vote at this meeting to join any amicus brief; supervisors said they would follow up with counsel and discussed continuing to support local-control efforts through appeals and legislative channels if appropriate.
