COCHISE COUNTY, Ariz. (KGUN) — The Cochise County Court assigned to the lawsuit against the City of Benson over the proposed Aluminium recycling plant has recused itself from the case.
Division Four Judge Richard Karwaczka issued the order on Monday. The order, obtained by KGUN, refers the case to the court administration to be reassigned to another division. The order also says the motion to dismiss the hearing for Jan. 21 is vacated.
Health Over Wealth Benson filed the lawsuit in September, claiming that the City of Benson illegally approved a permit for the project near Highway 8 and Interstate 10. The lawsuit said the city moved forward without proper zoning and even without proof that the company owns the land.
City leaders argue the project brings economic growth and note the company must still clear state environmental permits before moving forward.
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