A Cochise County Superior Court judge has dismissed a legal challenge to a Benson zoning decision, ruling that the plaintiffs failed to demonstrate they had the legal standing required to bring the case.
Benson City Manager Greg Volker sent this statment to KGUN: "The City of Benson, Az, is very appreciative of the judicial process and the thorough review by Cochise County's Superior Court. We continuously support our community and will continue to work towards what is best for all of our citizens."
The lawsuit was filed by residents Crystal Anderson and Lorena West, along with the nonprofit group Health Over Wealth Benson, in opposition to a conditional use permit issued for a proposed development of an aluminum plant.
Some of the concerns raised in the challenge, included increased traffic, unpleasant odors, groundwater pollution, light pollution, and overall changes to the area’s character.
The court found those concerns were not sufficient to proceed.
The court determined that the individuals challenging the zoning decision did not meet specific criteria, including owning or leasing property within 300 feet of the project site; being directly affected as a taxpayer or municipal entity; or qualifying as an “aggrieved person” who can show a distinct and particularized injury.
The court determined that none of the plaintiffs met those requirements. Anderson and West do not own or lease nearby property, and the nonprofit organization could not establish standing because its members also failed to qualify individually.
The court ruled that the harms described by the plaintiffs, while potentially valid community concerns, were too general in nature. To move forward, the plaintiffs needed to demonstrate a specific injury unique to them or more substantial than what the general public might experience.
Health Over Wealth tells KGUN they are appealing the ruling and sent this statement to KGUN: "The affect of the judges ruling is that no one would ever be able to challenge this zoning. One of the plaintiffs lives 600 ft from the facility. She used to look on the trees of the San Pedro River and now she will look on smokestacks and the judge ruled that even she hasn’t suffered harm. If someone that close to that plant can’t file a complaint, who could? Needless to say, we are very disappointed in the court's decision and we will be appealing it."
