A local nonprofit organization, Health Over Wealth Benson, has filed a lawsuit against the City of Benson and its Planning and Zoning Commission. The lawsuit challenges the approval of a Conditional Use Permit (CUP) granted to Aluminum Dynamics, Inc., which would allow for the construction of a large-scale aluminum casting facility.
Key Takeaways
- A nonprofit alleges the city illegally approved a permit for an aluminum casting facility.
- Concerns include zoning violations, potential environmental impact, and proximity to residential areas and sensitive ecosystems.
- The lawsuit seeks to void the permit and halt construction.
Legal Challenges to Permit Approval
The lawsuit centers on allegations that the permit, which includes a height variance, was improperly approved. Health Over Wealth Benson contends that only the Board of Adjustment has the authority to issue such permits, not the Planning and Zoning Commission. Furthermore, the complaint states that Benson’s zoning code was violated because the permit allows Aluminum Dynamics to proceed with construction without providing proof of property ownership or landowner authorization.
Community Concerns and Environmental Impact
A spokesperson for Health Over Wealth Benson emphasized that the lawsuit is driven by a commitment to protecting the community and upholding legal standards. "The city ignored zoning requirements and put our residents at risk by fast-tracking a heavy industrial facility right next to a delicate ecosystem, a mile from the schools, and across the street from a nursing home," the spokesperson stated. The nonprofit is asking the court to nullify the permit and prevent construction to avoid irreversible damage to the community and the San Pedro River.
The proposed aluminum casting facility is slated to operate 24 hours a day, seven days a week. It is expected to produce hundreds of thousands of aluminum ingots annually, potentially leading to significant air pollution. The facility could also introduce issues related to noise, increased traffic, safety risks, and water consumption. According to the company’s Title V permit application, fine particulate matter could potentially spread for miles from the site.
Health Over Wealth Benson is dedicated to safeguarding the health, safety, and future of its community members, and their legal action aims to stop the development of the facility.
