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SUMMIT CARBON SOLUTIONS v. SHELBY COUNTY, IOWA

Case No. 1:22-cv-00020-SMR-SBJ.

704 F.Supp.3d 941 (2023)

SUMMIT CARBON SOLUTIONS, LLC, Plaintiff, v. SHELBY COUNTY, IOWA, Shelby County Board of Supervisors, Steve Kenkel, in his official capacity as a Shelby County Supervisor, Charles Parkhurst, in his official capacity as a Shelby County Supervisor, and Darin Haake, in his official capacity as a Shelby County Supervisor, Defendants.

United States District Court, S.D. Iowa, Western Division.

Signed December 4, 2023.

Attorney(s) appearing for the Case

Bret Alan Dublinske, Brant Michael Leonard, Kristy Dahl Rogers, Nicole Coulter-Ledbetter, Fredrikson & Byron, P.A., Des Moines, IA, Brian David Boone, Pro Hac Vice, Michael Roger Hoernlein, Pro Hac Vice, Alston & Bird LLP, Charlotte, NC, Karla M. Doe, Pro Hac Vice, Alston & Bird LLP, Atlanta, GA, for Plaintiff.

Jason Michael Craig, Emily A. Kolbe, Ahlers & Cooney PC, Des Moines, IA, for Defendants.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

Last year, the Shelby County Board of Supervisors ("the Board") promulgated Shelby County Ordinance 2022-4 ("the Ordinance") in response to planned construction of a hazardous liquid pipeline. Plaintiff Summit Carbon Solutions, LLC ("Summit") filed this suit to...

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