Court: Weld County wrongly OK’d asphalt plant near homes Court overturns Weld County’s approval of a Martin Marietta’s $20 million concrete and asphalt plant

The Colorado Court of Appeals ruled the County Commissioners improperly approved a Martin Marietta Materials plant near a residential neighborhood. To recap, the Court of Appeals overturned Weld County’s 2015 approval of an almost completed $20 million Martin Marietta Materials’ concrete and asphalt plant currently under construction. “In explaining the meaning of the ruling regarding a lack of competent evidence, Judge Terry Fox, who wrote the opinion, cited previous court cases and basically affirmed something neighbors to the plant have been saying for years. ‘Lack of competent evidence occurs when the administrative decision is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority,’” Judge Fox said. I hope the Land Use Director and Boulder County Commissioners will agree that this is a timely ruling and sets a pivotal legal precedence in their consideration of SU 96-18 and in support of SOSVV’s documented and persistent *request for their immediate ruling enforcing the five-year inactivity lapse provision that would terminate this permit. The Court of Appeal’s overturned a recent permit approval for a Martin Marietta mining project based on it’s impact to residents in WELD county. How much more liable, irresponsible, embarrassing and absurd would it be for Boulder County officials to approve SU 96-18 given its unique, undeniable facts and logistics, community impact and opposition? I certainly hope that Boulder County’s Director of Land Use and County Commissioners will not make an arbitrary and capricious choice by ignoring the evidentiary support and competent evidence that has been provided to them by SOSVV, it’s community members and allies, or worse fall behind Weld county in protecting the environment and its residents.

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