Residents in Columbus, Minnesota, Area File Lawsuit Against the City of Columbus

On May 8, 2018, six residents from the Columbus, Minnesota, area filed a lawsuit and a motion in Anoka County District Court seeking to enjoin the City of Columbus and Bituminous Roadways, Inc., from taking any action to further construction of an asphalt plant that Bituminous Roadways intends to build near the residents' homes.

The residents alleged in their complaint that the asphalt plant constitutes a nuisance under Minnesota law, and that the City wrongfully amended the City's ordinance to permit an asphalt plant as a regulated land use in an area zoned Light Industrial. Existing asphalt plants in the metro area are located in Heavy Industrial or similar zones, or were constructed at a time when such plants were permitted.

The residents' attorney Barbara P. Berens explained, "The Plaintiffs seek a temporary injunction under Minnesota's nuisance statute to prevent construction of the asphalt plant because they will be irreparably harmed if the plant is completed. The proposed asphalt plant will generate noxious odors, annoying noise, and particulate matter, all of which will damage Plaintiffs' health, offend the senses, and interfere with Plaintiffs' ability to enjoy their homes and properties."

The residents are represented by Barbara P. Berens and Carrie L. Zochert from Berens & Miller, P.A., which has offices in downtown Minneapolis. Additional information may be obtained by calling the law firm at 612-349-6171.