Independent counsel recommended in county restraining order case

Cheyenne county commissioners discussed new developments in the county's civil suit against Pine Bluffs Gravel & Excavating, Inc. at the County Commissioner meeting June 3.

On May 10, Cheyenne County filed a restraining order against Pine Bluffs Gravel & Excavating, as well as Raymond Kuehn and Teresa Kuehn, ordering them to cease and desist all activity on their property which violates zoning laws.

"It's basically an action that the county is entitled to take against an entity that is violating zoning laws," said county attorney, Paul Schaub.

In the meeting Monday, Schaub voiced concern that he might be called as a witness in any hearings related to the case, to explain what he had previously told PBG&E would be permissible use of their land.

"In an instance like that where you anticipate that you would be called as a witness the proper thing to do would be to seek independent counsel," Schaub said.

He recommended the services of Vince Valentino, a lawyer out of Scottsbluff, who has represented the county in the past. The commissioners voiced concerns about paying for travel time from Scottsbluff, but passed the motion to hire Vince Valentino anyway.

"We certainly have to be concerned about costs, but I'm more concerned with results," said county commissioner, Ken McMillen.

Pine Bluffs Gravel & Excavating was informed in March by the Cheyenne County zoning administrator that they needed to apply and be approved for a conditional use permit to continue operating their asphalt and concrete borrow plant. The company applied for a conditional use permit in January and was denied in April. The county and PBG&E have been in conflict for months now. In documents appealing the order of the zoning administration, the county said that PBG&E is in violation of zoning laws. Pine Bluff's operation is in an area zoned as an agricultural district. According to the county, asphalt and concrete batch plant borrow pits are only allowed in agricultural districts on a temporary basis of 6 months and only if they're being used for public road projects. The county said that this time frame is up for the company. The Cheyenne County Board of adjustments affirmed the findings of the zoning administrator in the appeal May 23, but there was some dissent.

"Air Force and state of Nebraska projects of Pine Bluffs have been temporarily and exclusively for the completion of public road improvement projects and complied with the 6 month limitation," the dissenting argument in the appeal documents said.

The commissioners also discussed the county budget for the next fiscal year which begins July 1 at Monday's meeting. The Blue Cross and Blue Shield of Nebraska health care program for county employees was approved for next year with a twelve percent increase from this year which will cost an additional $135,000.

Tom Noel, Highway Superintendent said that he had been waiting for a good price on asphalt to fix local roads, and he thinks this summer is the time to do it. Two hot mix plants, or plants that produce asphalt pavement, will be in Sidney this summer, meaning prices for the road-paving substance will be cheaper because the county won't need to pay to transport it. Highway 19 will be top priority.

"We need to take advantage of it if we can," Noel said. "We gotta do 19, we gotta get 19 done. We have about 1400 to 2000 cars a day on that."