Earth Recycling files suit against City of Minot

​​​​MINOT, N.D. - The owners of a Minot-area recycling facility destroyed by a large fire in May have taken civil action against the city of Minot, claiming the city is improperly applying zoning ordinances to prevent them from rebuilding.

A fire quickly spread at Earth Recycling on May 18, destroying the facility, and smoldering for weeks.

The owners expressed a desire to rebuild, though court documents indicate that the city filed a cease and desist order against them, claiming a zoning ordinance update in 2013 prevented them from rebuilding.

In a complaint filed Thursday in district court, the attorneys for Earth Recycling argue that the company should be grandfathered in to the previous zoning ordinances in place when the facility opened in 2008, which would allow them to rebuild without having to reapply for a permit.

The attorneys have requested a restraining order against the cease and desist from the city.

Earth Recycling lies just outside of the Minot city limits, but the city asserts jurisdiction over zoning ordinances for businesses within two miles of the city.

No hearing has been scheduled yet in the matter.

Divine Mercy, LLC, who leases the land to Earth Recyling, is also listed as a plaintiff in the lawsuit.

We reached out to the City of Minot, and city officials say they do not comment on pending litigation.