Court upholds ruling to allow GBE ethanol plant

The Missouri Court of Appeals on Tuesday upheld a Boone County judge's ruling that allows construction of a corn-based ethanol plant between Rogersville and Fordland.

The decision is the latest in a two-year case between Webster County residents, collectively known as Citizens for Groundwater Protection, and Gulfstream Bioflex Energy LLC, the Mount Vernon company behind the $185 million plant on 252 acres bordering U.S. Highway 60. Residents filed a lawsuit against GBE in October 2006, arguing the plant would deplete their groundwater supply and pollute area waterways. Visiting Boone County Judge Frank Conley in May 2007 ruled that GBE could move forward with its plans, a decision the citizens appealed a month later, alleging court errors.

Appellate judges agreed with Conley that the citizens failed to meet a burden of proof that the plant would either result in a nuisance or damages to surrounding properties, according to the ruling.

Attorney Bill McDonald, who represented the citizens, told Springfield Business Journal in September that his clients would appeal to the Missouri Supreme Court if the appellate court ruled in favor of GBE.[[In-content Ad]]