BEATRICE – The Gage County Board has instructed the county attorney NOT to appeal a district judge’s ruling this week, that reversed the county’s denial of a special use permit.
The county board voted 4-2, with one member absent, not to challenge the ruling by Judge Julie Smith that granted a special use permit to Holtmeier Brothers, Inc., for an anhydrous ammonia loading operation in the west part of the county.
One of those in the minority, Supervisor John Hill, felt the county should appeal the decision. He pointed out the county rejected the permit based on seven specific criteria.
:32 “not an appropriate site”
Holtmeier, Inc. wants to build the operation on land it owns along Southwest 117th Road. Several acreage owners in that area had opposed the plan. Judge Smith ruled that the operation fits within the zoned area, which is Agriculture-One. She also ruled that adequate safeguards were being put in place by the applicant and through State Fire Marshal regulations, to protect the public.
The county had thirty days to file a notice appeal in the case.
Those voting against an appeal were Myron Dorn, Gary Lytle, Terry Jurgens and Erich Tiemann.
John Hill and Dennis Byars supported appealing the judge’s decision.