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Board denies stay request tied to Sioux Rock Quarry expansion
Summary
The board denied a stay request from the Lower Sioux Indian Community that would have paused action on the Sioux Rock Quarry Expansion Project until a Court of Appeals decision; proponents asked the board to deny the stay, and the board voted unanimously to deny it.
After a closed session to discuss ongoing litigation about whether an environmental impact statement is required for the Proposed Expansion Project in Delton Township, Peter Rademacher, assistant general counsel for the Lower Sioux Indian Community, asked the board to grant a stay that would pause further actions, including issuance of a conditional use permit, until the Court of Appeals issued a final judgment. Jeffrey Markowitz, legal counsel for Minnesota Paving and Materials, urged the board to deny the stay. The board voted (motion by Maras, second by Appel) unanimously to deny the requested stay, citing concern about tolling the 60‑day appeal period and allowing petitioners to instead seek relief through the Court of Appeals.
The decision does not resolve the underlying appeal; it preserves the petitioners’ option to request a stay from the Court of Appeals. The minutes record the board’s procedural rationale but do not include direct testimony or a written legal analysis from county counsel in the public minutes.
