Property owners suing Winona County over frack sand ban

Commission voted 3-2 to enact ban Nov. 22.

WINONA, Minn. — A group of property owners has sued Winona County over its frack sand ban. 

The Southeast Minnesota Property Owners and Saratoga Township resident Roger Dabelstein filed the suit in the Third Judicial District Court on March 14, according to the Post-Bulletin. 

The Winona County Board of Commissioners voted 3-2 to enact the ban Nov. 22. It ended mining, transporting and processing silica sand for the purpose of fracking but allowed those activities for other uses of silica sand, such as cattle bedding or construction. 

The plaintiffs’ attorney, Gary Van Cleve, says allowing some kinds of silica sand mining but not others doesn’t provide equal protection. 

Commissioner Steve Jacob, who argued a ban could open the county up for possible litigation, says he wasn’t surprised to see the suit brought against the county.