Opponents of an aluminum plant under construction in Benson were dealt a setback last week.
On Wednesday, March 25, Cochise County Judge Anne Borowiec dismissed a lawsuit seeking to halt the plant’s construction. Two residents and local nonprofit Health Over Wealth had sued the City of Benson and Aluminum Dynamics, Inc. last year, claiming the city had improperly granted ADI a zoning permit for the industrial project.
The city and ADI filed a motion to dismiss last fall, arguing the plaintiffs lacked standing to sue and that the permit was issued correctly. A hearing for that motion took place in January.
Last week, Borowiec granted that request, agreeing the plaintiffs lacked standing in a four-page ruling. The ruling did not mention the zoning complaint at the heart of the lawsuit.
Her ruling rested on Arizona case law and state statutes that give the power to sue only to people who are uniquely affected by potential construction projects.
“The Plaintiffs have described the potential impact due to the height of Defendant ADI’s buildings, as well as Defendant ADI’s use of the property including unpleasant odors, traffic on Highway 80, possible groundwater pollution, lack of water in the event of a fire at the site, water use, visual impact and possible light pollution. These issues, however, are not unique to the Plaintiffs,” she wrote.
Adriane Hofmeyr, an attorney for the plaintiffs, told AZPM they plan to appeal Borowiec’s ruling. She declined to specify whether their appeal would focus on plaintiffs’ standing to sue or on the omission of the zoning issue from the ruling.
“We’re just as motivated as the day we started. We 100% know that what we’re doing is the right thing. This is the fight for Benson,” said Misty Bloom, who leads Health Over Wealth, about appealing the decision.
“The City of Benson, Az, is very appreciative of the judicial process and the thorough review by Cochise County's Superior Court. We continuously support our community and will continue to work towards what is best for all of our citizens,” wrote Benson City Manager Greg Volker in a statement to AZPM.
A spokesperson for ADI did not reply to an AZPM request for comment.
Plans for the ADI aluminum facility in Benson — which would melt down scrap aluminum and ship it by rail to the company’s main Mississippi plant — has generated significant opposition in Benson, leading to packed town hall meetings, resignations of embattled city officials and recall elections for half of the city’s council, scheduled for May 19.
