Courts issue new pipeline rulings

By KURT NESBITT

Journal Staff Writer

NEW ULM---A group of area landowners will have to make a traditional appeal in order to continue their challenge to the Hutchinson pipeline project, ruled the Minnesota Court of Appeals Thursday.

The group, SibRenFAIR, sought a court order to stop construction of the 90-mile natural gas pipe, arguing that the city of Hutchinson does not have the authority to take and use farmland for its own purposes.

The court rejected SibRenFAIR's request because it felt a traditional appeal would be more appropriate instead of petitioning it for an order. The ruling was not based on the attorney's arguments.

The appelate court's decision comes on top of a recent order in Martin County, where a district court judge issued a temporary injuction that forbids construction crews from entering land that is occupied by tenant farmers. In that ruling, Dakota County District Judge Rex D. Stacey determined that he made an error when he said tenants aren't entitled to a 90-day notice before Hutchinson takes and uses their land for construction. Stacey presided over two identical condemnation cases in St. Peter earlier last month.

Many groups interested in the project are still waiting for a ruling from the Court of Appeals on the Minnesota Public Utilities Commission's decision that granted Hutchinson the certificate of need that began the city's quest for state permits and easements. The appeal was filed by Northern Natural Gas, an Omaha, Neb.-based company that currently supplies natural gas to Hutchinson and New Ulm.

Lawyers for SibRenFAIR said they are going to file an appeal of Stacey's decision to allow Hutchinson to proceed immediately. This time, the process will require attorneys from all sides in the conflict to come before the appelate court and present formal arguments instead of submitting written arguments only.

Attorney Ann Kennedy, legal counsel for SibRenFAIR, offered no other comment on the court's decision, except to say, "We're going to file a traditional appeal immediately."

Attorney Bruce Hanson, representative of Hutchinson, said Thursday he is pleased with the Court of Appeals' ruling on SibRenFAIR's request. He said the Martin County decision will likely apply to every piece of land occupied by a tenant along the pipeline route even though it only technically applies to one property in that county.

"I wouldn't classify it as a big setback," said Hanson in Minneapolis. "We've moved for reconsideation and there was a hearing in Hastings on Monday and arguments have been submitted. Obviously, we're not happy with it and we hope the judge reconsiders it."

Hanson said crews have surveyed land in Martin County and are working their way up through Watonwan County into Brown County but no ground has been broken yet. He said he expects Stacey's most recent ruling to be "a 90-day setback at most."