Neighbors fuming over proposed biodiesel plant

STATESVILLE, N.C. -- Iredell County is considering building a biodiesel plant. Some love the idea, and some hate it.

Friday a Superior Court judge ruled on a few motions in court for summary judgments against the county and a farmer who wants to use his farm to produce biodiesel fuel on his land off Snow Creek Road.

Judge Kim Taylor said there is no law in the state of North Carolina that would prohibit Phil McLain from producing biodiesel fuel on his land under what he requested. And his plans are “bona fide farm use operation.”

“I’ll have to say Mr. McLain is pleased with the outcome,” said Bill McMillan, McLain farm’s attorney.

In court papers, McLain had said he was going to use about 100,000 gallons and allow 400, 000 gallons to go to other farmers.

Neighbors who formed the group Iredell Neighbors for Rural Life filed lawsuits against McClain Farms and Iredell County commissioners who allowed about eight acres of McLain’s farms to be re-zoned from residential to heavy manufacturing to allow him to build his facility on his farm.

Neighbors had said the plant would also harm their property values and make the area unsafe, because of all the extra traffic in the area.

Committee leader Randy Bridges said he was unhappy that the judge allowed McLain to go through with his plans.

“The plant does increase the chances of accidents on that road,” Bridges said.

“He’s got the biggest farm, over 100 acres,” said one man who was in court for the ruling. “This is about jealousy.”

In court Friday Taylor reminded McLain about the limits he can produce on the farm to no more than 500,000 gallons per year. McLain’s lawyer says he's happy to be able to use his land the way he wants.

And as for the limits of the amount of biodiesel fuel that the farm can produce, McMillan said "He’s always stated that his production capacity is limited and if he were to want to produce move he would have to move to another location after all this is on a farm."

Taylor also said that since McLain’s desire to make biodiesel fuel falls within bona fide farm operation, he did not have to seek re-zoning. For now, suing the county is not something for her court to rule on.