Court Dismisses Moulding Investments' Lawsuit Against Box Elder County Over Landfill Permit

Moulding Investments' lawsuit against Box Elder County, Utah, alleging unequal treatment in landfill permit approval, was dismissed due to lack of similar circumstances. The company's 2014 application to rezone 225 acres for a landfill was denied amid public concerns, unlike the PPL's approved permit.

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Nitish Verma
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Court Dismisses Moulding Investments' Lawsuit Against Box Elder County Over Landfill Permit

Court Dismisses Moulding Investments' Lawsuit Against Box Elder County Over Landfill Permit

A lawsuit filed by Moulding Investments against Box Elder County, Utah, alleging unequal treatment in landfill permit approval, has been dismissed by the court due to a lack of similarly situated circumstances with the point, case. The company had applied to rezone 225 acres of its property in 2014 to operate a landfill but was met with public concerns and ultimately denied approval.

Why this matters: This court ruling has implications for the way local governments handle landfill permit applications, highlighting the importance of fair and consistent treatment of projects. It also underscores the need for careful consideration of environmental concerns andcommunity input in the permitting process.

The PPL, a commercial waste disposal facility located near the Great Salt Lake, had a different history with the county. In 2003, landowners petitioned for a conditional use permit to operate the PPL, which was approved by the County Planning Commission and County Commission. However, the PPL remained undeveloped, and the permit expired in 2009.

In 2009, the County Commission adopted Ordinance 319, creating a Municipal Solid Waste (MSW) zone where all landfills were required to be located. The PPL's new owner applied to reclassify the property as an MSW zone, which was approved in 2010. The PPL received a permit from the Utah Department of Environmental Quality (DEQ) in 2011 to operate a landfill but failed to obtain another necessary conditional use permit.

Moulding Investments' 2014 application to rezone its property as an MSW zone was met with public concerns about drinking water contamination, seismic activity, flooding, local wildlife, and traffic. The Planning Commission tabled the application to allow the DEQ to address these concerns. In 2015, the County Commission approved Ordinance 414, overhauling the county's MSW zoning ordinances, but the PPL's zoning classification was not updated, leaving it still zoned as the obsolete MSW zone.

The court's dismissal of Moulding Investments' lawsuit highlights the differences in the two landfill projects' circumstances and the county's handling of their respective applications. While the PPL faced its own challenges in obtaining the necessary permits, the court found that the situations were not similar enough to support Moulding Investments' claim of unequal treatment.

Key Takeaways

  • A lawsuit against Box Elder County, Utah, alleging unequal treatment in landfill permit approval, has been dismissed.
  • The court ruled that Moulding Investments' circumstances were not similar to the PPL's, a different landfill project.
  • Moulding Investments' 2014 application to rezone 225 acres for a landfill was denied due to public concerns.
  • The PPL, a separate landfill project, received permits in 2010 and 2011, but failed to obtain a necessary conditional use permit.
  • The court's ruling highlights the importance of fair and consistent treatment of projects and consideration of environmental concerns.