Weld County commissioners’ appeal rejected in Martin Marietta asphalt plant case | MyWindsorNow.com

Weld County commissioners’ appeal rejected in Martin Marietta asphalt plant case

Tyler Silvy
tsilvy@greeleytribune.com

The Colorado Court of Appeals has denied a petition for re-hearing from the Board of Weld County Commissioners and Martin Marietta Materials regarding an asphalt and concrete plant near Johnstown.

The plant, approved August 2015 by county commissioners, has been embroiled in a legal battle for years. Neighbors secured a victory the day before Thanksgiving in 2017, when a Colorado Court of Appeals panel overturned a Weld District Court decision, saying commissioners had erred in approving the concrete and asphalt giant's plan just south of U.S. 34 and Weld County Road 15.

The Board of Weld County Commissioners and Martin Marietta quickly sought a re-hearing, and that request was officially denied Thursday morning.

The court offered no reasoning for the denial, but the company and commissioners will have until April 13 to seek satisfaction from the Colorado Supreme Court.

Despite legal action coming just a month after the plant was approved in 2015, Martin Marietta Materials commenced work on the site, which is now nearly ready. Company officials say the $20 million plant has ballooned to nearly $70 million, citing a variety of work done to ease the plant's impact on surrounding neighbors, including landscaping.

Company officials haven't clearly documented what the extra $50 million went toward.

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The company didn't do enough, however, according to an appeals court panel ruling from November 2017. Neighbors brought six main points to their appeal. If any of those were found to be correct, the neighbors would have won their appeal. Colorado Appeals Court judges focused on the noise issue, and found there was a lack of evidence presented by Weld County and Martin Marietta showing the noise levels would be below allowable residential levels, a standard the company agreed to during the land use process.

Up next

After the Colorado Court of Appeals rejected the Board of Weld County Commissioners’ request for a re-hearing on the matter of Martin Marietta, the Board has until April 13 to appeal to the Colorado State Supreme Court.