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Asphalt plant lawsuit dropped in Ballston

Asphalt plant lawsuit dropped in Ballston

Dolomite Products Co. and town reach agreement after lengthy legal battle

BALLSTON – A lengthy legal battle has come to end in the town. 

Dolomite Products Co. has dropped its $4 million lawsuit against Ballston over its proposed asphalt plant at Curtis Industrial Park. 

The entities came to an agreement after lengthy legal argument, which began in 2014. 

In addition to dropping the lawsuit, Dolomite agreed to leave 7.5 acres as green space on the 10-acre parcel, install two portable hoppers to remove debris, construct a turning lane into the property by April 2019, and monitor noise levels. 

The company also agreed to limit operations to 6 a.m. to 4 p.m. Monday through Friday and produce no more than 200 tons of hot mix asphalt each hour during those hours, as well as ceasing operations from November to April every year.

“This settlement is in the best interest of town of Ballston taxpayers," Supervisor Tim Szczepaniak said in a prepared statement. "A judge had already ruled in favor of Dolomite, and the town was facing the very real possibility of being financially devastated by a prolonged legal battle and a judgement that could have been several millions of dollars."

Szczepaniak added, “Curtis Industrial Park was zoned to allow this type of business, and it will bring important tax revenue and jobs to the town. We are confident Dolomite will be very good neighbors for years to come.”

Dolomite Attorney Adam Schultz said the company is pleased to have resolved the lawsuit. 

"Dolomite looks forward to adding jobs and contributing to the local economy and the community, as well as fostering a positive and cooperative relationship with the town,” he said in a prepared statement. 

Dolomite Products filed two lawsuits in 2014 – one that sought to annul a 2013 town law that changed the definition of the town’s industrial zone to apply only to “light industry," and another that sought a Zoning Board of Appeals ruling that the project constituted an “improvement” to the Curtis property, rather than being a “use” governed by zoning law. 

In December 2015, state Supreme Court Judge Robert Chauvin ruled in favor of Dolomite Products.

The Dolomite application has been a controversial topic in the town since it was filed in 2011. Nearby residents cited concerns about traffic and health impacts.

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