County of Winona v. City of Winona

453 N.W.2d 710, 1990 Minn. App. LEXIS 318, 1990 WL 35793
CourtCourt of Appeals of Minnesota
DecidedApril 3, 1990
DocketNo. C4-89-1079
StatusPublished
Cited by1 cases

This text of 453 N.W.2d 710 (County of Winona v. City of Winona) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Winona v. City of Winona, 453 N.W.2d 710, 1990 Minn. App. LEXIS 318, 1990 WL 35793 (Mich. Ct. App. 1990).

Opinion

OPINION

FORSBERG, Judge.

Appellant City of Winona (City) seeks review of an order granting a temporary injunction enjoining it from passing an ordinance or contracting to designate a disposal location for its solid waste. We affirm.

FACTS

In the early 1980’s, respondent Winona County (County) began to develop an integrated and comprehensive solid waste management plan for the County under Minn.Stat. ch. 115A (1980). Along with other southeastern counties, the County formed a multi-county task force and received a $70,000 grant to plan for comprehensive solid waste management among the counties. In addition to other recommendations, the plan issued by the counties recommended investigating the possibility of building a waste-to-energy incinerator.

As part of its further investigation, the County retained a consultant in 1985 to compare alternatives for energy recovery facilities. The County adopted the consultant’s conclusion that its best waste management alternative was to build an incinerator. The County applied to the Minnesota Pollution Control Agency (MPCA) for an air emission facility permit to construct an incinerator which could burn 150 tons per day of solid waste. The County also executed waste assurance agreements with Wabasha and Houston Counties for delivery of their solid waste to the proposed incinerator.

After reviewing seven sites for location of the incinerator, the County determined to build it at one of two locations in the City. The City and MPCA approved this [711]*711plan. In 1987 MPCA requested that a “discretionary” environmental impact statement (EIS) be prepared for the project. The County also received a $2,000,000 state grant for construction of an incinerator.

MPCA approved the EIS after numerous meetings and public hearings as provided for by state law. The City participated in this process. However, the City then requested a contested case hearing and a supplemental EIS because of claimed new information regarding availability of a LaCrosse, Wisconsin incinerator. MPCA denied these requests and in early 1989 approved an air emissions facility operation and construction permit for the project.

The City appealed MPCA's decision. This court vacated issuance of the permit, remanded for preparation of a supplementary EIS to consider alternatives to the incinerator, and remanded for a contested case hearing. In re Winona County Municipal Solid Waste Incinerator, 442 N.W.2d 344, 350 (Minn.Ct.App.1989). On further review, the supreme court reversed that portion of the decision remanding for a contested case hearing. City of Winona v. Minnesota Pollution Control Agency, 449 N.W.2d 441, 442 (Minn.1990). The supreme court held that ordering a contested case hearing was premature when MPCA was required to reopen the environmental review process necessary before issuance of a permit. Id.

Prior to the decisions of the appellate courts, the City proposed adoption of a local ordinance requiring all solid waste collected within the City to be disposed of at the LaCrosse incinerator. The City also proposed to adopt a 20-year contract guaranteeing delivery of the City’s solid waste to the LaCrosse incinerator. The trial court granted a temporary injunction enjoining the City from passing any ordinance or from contracting to designate a disposal location for its solid waste. The City appeals.

ISSUE

Did the trial court abuse its discretion in granting the County’s motion for temporary injunction?

ANALYSIS

The limited issue raised by this appeal is whether the order of the trial court constitutes a clear abuse of discretion. Costley v. Caromin House, Inc., 313 N.W.2d 21, 26 (Minn.1981). The purpose of a temporary injunction is “to preserve the status quo until adjudication of the case on the merits.” Miller v. Foley, 317 N.W.2d 710, 712 (Minn.1982). The supreme court has specified five factors to be considered in ruling on a motion for temporary injunction:

(1) The nature and background of the relationship between the parties preexisting the dispute giving rise to the request for relief.
(2) The harm to be suffered by plaintiff if the temporary restraint is denied as compared to that inflicted on defendant if the injunction issues pending trial.
(3) The likelihood that one party or the other will prevail on the merits when the fact situation is viewed in light of established precedents fixing the limits of equitable relief.
(4) The aspects of the fact situation, if any, which permit or require consideration of public policy expressed in the statutes, State and Federal.
(5) The administrative burdens involved in judicial supervision and enforcement of the temporary decree.

Id. at 712 (quoting Dahlberg Brothers, Inc. v. Ford Motor Co., 272 Minn. 264, 274-75, 137 N.W.2d 314, 321-22 (1965)).

I. Relationship Between the Parties

The City and County cooperated extensively to design and implement the County’s solid waste management plan. From the early 1980’s until 1988, the City supported the County’s efforts. The County relied on being able to include the City’s solid waste in its plan. The County consulted the City throughout various developmental phases of the plan. The trial court found the City’s “belated change in position” created the controversy between the parties. This factor supports granting the injunction.

[712]*712 II. Balancing of Harms

We also agree with the trial court that the County will suffer irreparable harm if the injunction is denied. If the City is allowed to designate a disposal location for its solid waste, the County would immediately lose 70 percent of the tipping fees it charges haulers for waste disposal. Loss of those revenues would simultaneously require the County to raise tipping fees and cause significant cutbacks in the County’s efforts to provide alternative methods of disposal, such as recycling or composting and other services such as education programs. These cutbacks and increased fees would lead to environmental damage from increased ditch dumping and other individual forms of disposal.

Allowing the City to designate a disposal location for its waste would also cause the County to forfeit millions of dollars and many years of work developing the integrated solid waste management plan. This would also result in environmental damage to the area covered by the plan. Furthermore, the trial court found the LaCrosse alternative is a less environmentally sound option than the proposed incinerator. The environmental, economic, and financial harm that the County would incur thus warrants imposition of the temporary injunction.

The City has not demonstrated it will suffer harm if the injunction is granted.

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Bluebook (online)
453 N.W.2d 710, 1990 Minn. App. LEXIS 318, 1990 WL 35793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-winona-v-city-of-winona-minnctapp-1990.