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Cottonwood County denies stay on Minnesota Paving and Materials’ interim use permit and adopts findings
Summary
The Cottonwood County Board of Commissioners voted unanimously July 15 to deny a request to stay the interim use permit for OMG Midwest d/b/a Minnesota Paving and Materials, adopted findings of fact supporting the denial, and directed counsel to draft a resolution (Resolution 25-07-15).
The Cottonwood County Board of Commissioners voted unanimously July 15 to deny a petition for a stay of the interim use permit (IUP) covering an expansion project for OMG Midwest, doing business as Minnesota Paving and Materials (MPM).
After presentations from opposing counsel, the Board debated the legal and factual arguments and voted. Commissioner Tom Appel moved and Commissioner Donna Gravley seconded "to deny the request for a stay, develop the findings of fact to support the denial, and draft a resolution." The motion passed by unanimous roll call vote.
The Board recorded four Findings of Fact supporting denial: (1) an environmental assessment worksheet (EAW) completed by a third party found the expanded mining site is unlikely to include artifacts of cultural significance; (2) the public interest in mine output would be harmed by further delay; (3) MPM has a vested property interest in expanding operations and delay would harm planned business operations; and (4) MPM considered alternatives and concluded the proposed expansion best avoids negative environmental impacts from other locations.
County Attorney Michael Ervin was tasked to draft the formal resolution. County Coordinator Kelly Thongvivong reported the resolution (25-07-15) was received and read into the record by County Attorney Nick Anderson; the Board then adopted the resolution by unanimous roll call vote.
Why it matters: the decision allows MPM to proceed under its approved IUP while litigation over environmental-review requirements continues, and the Board’s findings will be part of the administrative record in ongoing litigation.
Speakers quoted or referenced in this report are taken from the meeting record, which lists presentations by Melissa Lorentz (Jacobson Law Group) arguing for a stay and Jeffrey Markowitz (Arthur Chapman Kettering Smetak & Pikala P.A.) arguing against it. The Board’s motion language and Findings of Fact are drawn verbatim from the minutes and the adopted Resolution 25-07-15.
